R v MAIN [2008] NSWSC 692

R v MAIN [2008] NSWSC 692

Life sentences for the applicant's offences should be redetermined due to evidence of rehabilitation, changes in legislative maximum penalties, and consideration of time served. Determinate sentences and non-parole periods are imposed for the first and second offences; for the third offence, a non-parole period is set without a specified term due to the gravity of the offence.

Parties
Crown: Regina; Applicant: Michael Robert Main
Jurisdiction
Australia
Judgment Date
04 July 2008
Procedural Posture
Criminal / Application for Redetermination of Life Sentences
Outcome
Application for redetermination of life sentences granted in part.
Legal Topics
Life Sentences Redetermination, Whether Sentences Can Be Backdated
Criminal Law Life Sentences Redetermination Whether Sentences Can Be Backdated

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Parties

Regina

Crown

Michael Robert Main

Applicant

Procedural Posture

Criminal / Application for Redetermination of Life Sentences

Legal Issues

  1. 1 Should life sentences be redetermined under Schedule 1 to the Crimes (Sentencing Procedure) Act 1999?
  2. 2 Whether sentences can be backdated to reflect time served?
  3. 3 Appropriate setting and duration of non-parole periods for serious offences including murder and assault with intent to rob.

Ratio Decidendi

Life sentences for the applicant's offences should be redetermined due to evidence of rehabilitation, changes in legislative maximum penalties, and consideration of time served. Determinate sentences and non-parole periods are imposed for the first and second offences; for the third offence, a non-parole period is set without a specified term due to the gravity of the offence.

Court Disposition

Application for redetermination of life sentences granted in part.

Orders

  • First offence: Applicant sentenced to twenty-five years and two months' imprisonment, commencing 29 June 1983 and ending 28 August 2008, with a non-parole period commencing 29 June 1983 and ending 4 July 2008.
  • Second offence: Applicant sentenced to twenty-six years' imprisonment, ending 28 June 2009, with a non-parole period commencing 29 June 1983 and ending 4 July 2008.