REGINA v. TOWNER [2002] NSWSC 951

REGINA v. TOWNER [2002] NSWSC 951

Although the murder and associated sexual offence were extremely grave, the original sentencing judges did not recommend that the applicant never be released and contemplated review and possible release. The evidence showed exemplary custodial conduct, arduous strict protection custody, treatment progress, and no...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 October 2002
Procedural Posture
Criminal Application for Re Determination of Life Sentence Under S.13 a of the Sentencing Act 1989 / Application After Conviction and Sentence for Murder and Assault With Intent to Have Sexual Intercourse With a Person Under the Age of 10 Years
Outcome
The sentence for murder was re-determined and the applicant was sentenced to life imprisonment dating from 18 May 1989, comprising a minimum term of 20 years expiring on 17 May 2009 and an additional term of life imprisonment.
Legal Topics
['life Sentence Re Determination' 'murder' 'attempted Rape of Child Under 10' 'minimum Term' 'additional Term' 'parole Eligibility' 'community Protection']
['criminal Law' 'sentencing'] ['life Sentence Re Determination' 'murder' 'attempted Rape of Child Under 10' 'minimum Term' 'additional Term' 'parole Eligibility' 'community Protection']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Application for Re Determination of Life Sentence Under S.13 a of the Sentencing Act 1989 / Application After Conviction and Sentence for Murder and Assault With Intent to Have Sexual Intercourse With a Person Under the Age of 10 Years

Legal Issues

  1. 1 ["Whether the applicant's existing life sentence for murder should be re-determined under s.13A of the Sentencing Act 1989." 'Whether the offence was so serious that the applicant should remain imprisoned for the whole of his natural life or never re-apply.' "Whether the applicant's culpability was affected by whether he intended to kill, intended to cause grievous bodily harm, or acted with reckless indifference to human life." 'What minimum term and additional term should be fixed if the life sentence were re-determined.']

Ratio Decidendi

Although the murder and associated sexual offence were extremely grave, the original sentencing judges did not recommend that the applicant never be released and contemplated review and possible release. The evidence showed exemplary custodial conduct, arduous strict protection custody, treatment progress, and no demonstrated present risk requiring refusal of the application. The offence did not require imprisonment for the whole of the applicant's natural life, but its gravity and the totality of the criminality required a life sentence with the prospect of parole. The appropriate re-determined sentence for murder was life imprisonment commencing 18 May 1989, comprising a minimum term of...

Court Disposition

The sentence for murder was re-determined and the applicant was sentenced to life imprisonment dating from 18 May 1989, comprising a minimum term of 20 years expiring on 17 May 2009 and an additional term of life imprisonment.

Orders

  • ['The sentence for murder is re-determined.' 'The applicant is sentenced to imprisonment for life to date from 18 May 1989.' 'The sentence comprises a minimum term of 20 years to expire on 17 May 2009, together with an additional term of life imprisonment.']