R v Wright [2000] NSWSC 568

R v Wright [2000] NSWSC 568

The applicant's murder was an unprovoked, cold-blooded killing for financial gain, but his genuine remorse, acceptance of responsibility, lack of prior violent convictions, positive custodial progress and low likelihood of committing a similar offence justified re-sentencing to a fixed term. His need for an extended period of supervision after release constituted special circumstances warranting a non-parole period less than three quarters of the full term.

Jurisdiction
Australia
Judgment Date
22 June 2000
Procedural Posture
Criminal Law Re Determination of Life Sentence / Application for an Order Determining a Minimum Term and an Additional Term in Respect of a Life Sentence, to Be Determined Under Schedule 1 of the Crimes (sentencing Procedure) Act 1999
Outcome
Application allowed; life sentence re-determined by imposing a fixed term of imprisonment with a non-parole period.
Legal Topics
['re Determination of Life Sentence' 'murder' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['re Determination of Life Sentence' 'murder' 'non Parole Period' 'special Circumstances']

Case Brief

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 Law Re Determination of Life Sentence / Application for an Order Determining a Minimum Term and an Additional Term in Respect of a Life Sentence, to Be Determined Under Schedule 1 of the Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 ["Whether the applicant's life sentence for murder should be re-determined by fixing a term of imprisonment and a non-parole period." 'Whether special circumstances justified fixing a non-parole period less than three quarters of the full term.']

Ratio Decidendi

The applicant's murder was an unprovoked, cold-blooded killing for financial gain, but his genuine remorse, acceptance of responsibility, lack of prior violent convictions, positive custodial progress and low likelihood of committing a similar offence justified re-sentencing to a fixed term. His need for an extended period of supervision after release constituted special circumstances warranting a non-parole period less than three quarters of the full term.

Court Disposition

Application allowed; life sentence re-determined by imposing a fixed term of imprisonment with a non-parole period.

Orders

  • ['Noel Andrew Wright was re-sentenced to imprisonment for 22 years for the murder of Darren Andrew Haywood.' 'The sentence was deemed to have commenced on 9 December 1988.' 'A non-parole period of 15 years was fixed.' 'The earliest date on which the applicant will be eligible to be released on parole is 8 December...