Regina v Stone [2004] NSWSC 224

Regina v Stone [2004] NSWSC 224

Appropriate sentence is determined by reference to the sentencing pattern as it existed in 1990, taking into account the seriousness and circumstances of the offence, aggravating and mitigating factors, evidence of remorse, and utilitarian value of the guilty plea. The prisoner is sentenced to imprisonment for twenty-one years with a non parole period of fifteen years nine months.

Parties
Prosecution: Regina; Accused: Peter John Stone
Jurisdiction
Australia
Judgment Date
30 March 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Murder, Sentencing, Guilty Plea, Mitigation, Aggravating Factors
Criminal Law Murder Sentencing Guilty Plea Mitigation Aggravating Factors

Case Brief

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Parties

Regina

Prosecution

Peter John Stone

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Assessment of sentence for murder committed in 1990
  2. 2 Consideration of aggravating and mitigating factors
  3. 3 Effect of delay and change in sentencing regime

Ratio Decidendi

Appropriate sentence is determined by reference to the sentencing pattern as it existed in 1990, taking into account the seriousness and circumstances of the offence, aggravating and mitigating factors, evidence of remorse, and utilitarian value of the guilty plea. The prisoner is sentenced to imprisonment for twenty-one years with a non parole period of fifteen years nine months.

Court Disposition

convicted and sentenced

Orders

  • Peter John Stone is sentenced to imprisonment for twenty one years to date from 21 January 2003.
  • A non parole period of fifteen years nine months to commence on 21 January 2003 and to expire on 20 October 2018.