R v Valera [2000] NSWSC 1220

R v Valera [2000] NSWSC 1220

The murders committed by Mark Mala Valera were of such extreme objective gravity, brutality and absence of mitigating factors that both fell within the worst category of cases; notwithstanding the offender's youth and difficult upbringing, the community's interest in retribution, punishment, protection and deterrence could only be met by the imposition of life sentences for both crimes; the Court lacked power to set a non-parole period for life imprisonment.

Parties
Prosecutor: Regina; Accused: Mark Mala Valera @ Mark Jack Van Krevel
Jurisdiction
Australia
Judgment Date
21 December 2000
Procedural Posture
Criminal / Sentencing
Outcome
Life imprisonment for each murder; sentences concurrent; no non-parole period fixed due to lack of jurisdiction.
Legal Topics
Murder, Sentencing, Life Imprisonment, Provocation, Abnormality of Mind, Mitigation, Worst Category of Case, Parole, Young Offenders
Criminal Law Murder Sentencing Life Imprisonment Provocation Abnormality of Mind Mitigation Worst Category of Case +2 more

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Parties

Regina

Prosecutor

Mark Mala Valera @ Mark Jack Van Krevel

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the murders committed by the accused fall within the 'worst category' warranting a life sentence
  2. 2 Whether there are mitigating circumstances reducing the seriousness of either of the murders
  3. 3 Whether the accused was substantially impaired by abnormality of mind or affected by provocation

Ratio Decidendi

The murders committed by Mark Mala Valera were of such extreme objective gravity, brutality and absence of mitigating factors that both fell within the worst category of cases; notwithstanding the offender's youth and difficult upbringing, the community's interest in retribution, punishment, protection and deterrence could only be met by the imposition of life sentences for both crimes; the Court lacked power to set a non-parole period for life imprisonment.

Court Disposition

Life imprisonment for each murder; sentences concurrent; no non-parole period fixed due to lack of jurisdiction.

Orders

  • For the murder of David John O'Hearn, the accused is sentenced to imprisonment for life, to commence on 30 September 1998.
  • For the murder of Francis Neville Arkell, the accused is sentenced to imprisonment for life, likewise commencing on 30 September 1998.