REGINA v Mark Daniel KIRKMAN [2002] NSWSC 1133

REGINA v Mark Daniel KIRKMAN [2002] NSWSC 1133

The accused lured the deceased to a remote location with the intention of administering a physical beating, but during the course of the assault formed the intent to kill and inflicted fatal injuries. Assistance to authorities, though belated and after perjured testimony at trial, was of some significance and warranted a 15% discount. The seriousness of the crime and absence of special circumstances determined the length of sentence and non-parole period.

Jurisdiction
Australia
Judgment Date
24 May 2002
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to imprisonment for a term of eighteen years.
Legal Topics
['murder' 'sentencing' 'joint Criminal Enterprise' 'remorse' 'cooperation With Authorities' 'parole Eligibility']
['criminal Law'] ['murder' 'sentencing' 'joint Criminal Enterprise' 'remorse' 'cooperation With Authorities' 'parole Eligibility']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the accused intended to kill or cause grievous bodily harm' 'The role and impact of intoxication on intent' 'Extent and value of cooperation with authorities' 'Appropriate discount for assistance to police' 'Appropriate non-parole period based on statutory and discretionary factors']

Ratio Decidendi

The accused lured the deceased to a remote location with the intention of administering a physical beating, but during the course of the assault formed the intent to kill and inflicted fatal injuries. Assistance to authorities, though belated and after perjured testimony at trial, was of some significance and warranted a 15% discount. The seriousness of the crime and absence of special circumstances determined the length of sentence and non-parole period.

Court Disposition

Sentenced to imprisonment for a term of eighteen years.

Orders

  • ['Imprisonment for a term of eighteen years.' 'Sentence deemed to have commenced on 10 December 2000 and expire on 9 December 2018.' 'Non-parole period specified of thirteen years and six months.' 'First date eligible for consideration for release on parole is 9 June 2014.']