REGINA v. CARR [1999] NSWSC 396

REGINA v. CARR [1999] NSWSC 396

The applicant's mandatory life sentence should be replaced under s.13A because the Crown did not oppose re-determination and the statutory criteria supported fixing finite terms. Although the murder was brutal, horrible and aggravated by a grudge, the applicant was young at the time, came from disadvantaged circumstances, lacked prior intent or planning, had developed skills in custody and had real prospects of rehabilitation. A minimum term of 13 years and six months and an additional term of six years were therefore appropriate.

Jurisdiction
Australia
Judgment Date
23 April 1999
Procedural Posture
Criminal Sentence Re Determination for Murder / Application Under S.13 a of the Sentencing Act for Determination of a Minimum Term and an Additional Term in Lieu of a Sentence of Penal Servitude for Life
Outcome
Application granted; minimum and additional terms imposed in lieu of the sentence of penal servitude for life.
Legal Topics
['murder' 'life Sentence' 'sentence Re Determination' 'minimum Term' 'additional Term' 'parole' 'rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'life Sentence' 'sentence Re Determination' 'minimum Term' 'additional Term' 'parole' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence Re Determination for Murder / Application Under S.13 a of the Sentencing Act for Determination of a Minimum Term and an Additional Term in Lieu of a Sentence of Penal Servitude for Life

Legal Issues

  1. 1 ["Whether a minimum term and an additional term should be determined under s.13A of the Sentencing Act in lieu of the applicant's sentence of penal servitude for life." 'What minimum term and additional term were appropriate having regard to the circumstances of the murder, prior and subsequent offences, conduct in custody, age, subjective circumstances and prospects of rehabilitation.']

Ratio Decidendi

The applicant's mandatory life sentence should be replaced under s.13A because the Crown did not oppose re-determination and the statutory criteria supported fixing finite terms. Although the murder was brutal, horrible and aggravated by a grudge, the applicant was young at the time, came from disadvantaged circumstances, lacked prior intent or planning, had developed skills in custody and had real prospects of rehabilitation. A minimum term of 13 years and six months and an additional term of six years were therefore appropriate.

Court Disposition

Application granted; minimum and additional terms imposed in lieu of the sentence of penal servitude for life.

Orders

  • ['The minimum term is a sentence of 13 years and six months penal servitude dating from 1 October 1987 and expiring on 31 March 2001.' 'The additional term of six years dates from 1 April 2001 and expires on 31 March 2007.']