Regina v McDONNELL [1999] NSWSC 792

Regina v McDONNELL [1999] NSWSC 792

The murder was a little below the middle of the range of murders and towards the lower end, but not at the bottom. The applicant was 19, had served about six and one half years in prison, had spent five years under close licence supervision and further years on licence under confusing terms that led him to believe the licence had expired. Because the licence period had to be treated as part of the sentence served but not as equivalent to full-time custody, and because no further imprisonment was required before parole eligibility, the life sentence was replaced by a minimum term of 16 years from 11 September 1977 and an additional term of 12 years from 11 September 1993.

Jurisdiction
Australia
Judgment Date
11 May 1999
Procedural Posture
Criminal Application Pursuant to Section 13 a of the Sentencing Act 1989 for Determination of a Minimum Term and Additional Term for a Life Sentence Imposed for Murder / Sentence Redetermination After Release on Licence, Revocation of Licence and Re Arrest
Outcome
In lieu of the life sentence, Noel McDonnell was sentenced to penal servitude comprising a minimum term of 16 years and an additional term of 12 years.
Legal Topics
['murder' 'life Sentence' 'release on Licence' 'revocation of Licence' 'minimum Term' 'additional Term' 'parole']
['criminal Law' 'sentencing'] ['murder' 'life Sentence' 'release on Licence' 'revocation of Licence' 'minimum Term' 'additional Term' 'parole']

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Procedural Posture

Criminal Application Pursuant to Section 13 a of the Sentencing Act 1989 for Determination of a Minimum Term and Additional Term for a Life Sentence Imposed for Murder / Sentence Redetermination After Release on Licence, Revocation of Licence and Re Arrest

Legal Issues

  1. 1 ["What minimum term and additional term should be determined in lieu of the applicant's life sentence for murder." 'How to account for time spent in full-time custody and time spent at large under licence when setting the new sentence.' 'Whether the applicant should spend any further time in prison before becoming eligible for release on parole.']

Ratio Decidendi

The murder was a little below the middle of the range of murders and towards the lower end, but not at the bottom. The applicant was 19, had served about six and one half years in prison, had spent five years under close licence supervision and further years on licence under confusing terms that led him to believe the licence had expired. Because the licence period had to be treated as part of the sentence served but not as equivalent to full-time custody, and because no further imprisonment was required before parole eligibility, the life sentence was replaced by a minimum term of 16 years from 11 September 1977 and an additional term of 12 years from 11 September 1993.

Court Disposition

In lieu of the life sentence, Noel McDonnell was sentenced to penal servitude comprising a minimum term of 16 years and an additional term of 12 years.

Orders

  • ['Minimum term of 16 years commencing on 11 September 1977 and ending on 10 September 1993.' 'Additional term of 12 years commencing on 11 September 1993.']