Regina v "Y" [2003] NSWSC 468

Regina v "Y" [2003] NSWSC 468

Having regard to the seriousness and brutality of the offence, the opportunistic nature of the theft, Mr Y's plea of guilty, genuine remorse, and substantial assistance to authorities, the appropriate sentence is 16 years imprisonment, with a non-parole period of 11 years, commencing from 30 August 2001. Discounts for plea and assistance amounting to about 33-1/3 percent were applied, but the final penalty remains proportionate to the gravity of the crime.

Jurisdiction
Australia
Judgment Date
11 July 2003
Procedural Posture
Criminal / Sentencing
Outcome
Mr Y sentenced to 16 years imprisonment with a non-parole period of 11 years.
Legal Topics
['murder' 'sentencing' 'plea of Guilty' 'assistance to Authorities' 'sentencing Discounts' 'parole Eligibility']
['criminal Law'] ['murder' 'sentencing' 'plea of Guilty' 'assistance to Authorities' 'sentencing Discounts' 'parole Eligibility']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for Mr Y after pleading guilty to murder?' 'To what extent should discounts be applied for the plea of guilty and assistance to authorities?' 'Are there any mitigating or aggravating circumstances relevant to sentence?']

Ratio Decidendi

Having regard to the seriousness and brutality of the offence, the opportunistic nature of the theft, Mr Y's plea of guilty, genuine remorse, and substantial assistance to authorities, the appropriate sentence is 16 years imprisonment, with a non-parole period of 11 years, commencing from 30 August 2001. Discounts for plea and assistance amounting to about 33-1/3 percent were applied, but the final penalty remains proportionate to the gravity of the crime.

Court Disposition

Mr Y sentenced to 16 years imprisonment with a non-parole period of 11 years.

Orders

  • ['Sentence of 16 years imprisonment commencing 30 August 2001' 'Non-parole period of 11 years' 'Eligible for parole on 29 August 2012' 'Sentence expires on 29 August 2017']