R v Ray Tumanako [2001] NSWSC 126

R v Ray Tumanako [2001] NSWSC 126

The application was granted because, applying ordinary sentencing principles to the objective seriousness of the murder and the material now available, including the applicant's remorse, rehabilitation, prison conduct and low assessed risk of re-offending, the appropriate redetermined sentence was a finite term of 20 years imprisonment with a non-parole period of 14 years, commencing from 14 February 1989.

Jurisdiction
Australia
Judgment Date
02 March 2001
Procedural Posture
Criminal Law Sentencing Redetermination of Life Sentence / Application for Re Determination of a Life Sentence Pursuant to Schedule 1 of the Crimes (sentencing Procedure) Act 1999
Outcome
Application granted. Life sentence redetermined to a sentence of 20 years imprisonment with a non-parole period of 14 years.
Legal Topics
['redetermination of Life Sentence' 'murder' 'non Parole Period' 'rehabilitation' 'general Deterrence' 'specific Deterrence' 'punishment and Retribution']
['criminal Law' 'sentencing'] ['redetermination of Life Sentence' 'murder' 'non Parole Period' 'rehabilitation' 'general Deterrence' 'specific Deterrence' 'punishment and Retribution']

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Procedural Posture

Criminal Law Sentencing Redetermination of Life Sentence / Application for Re Determination of a Life Sentence Pursuant to 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 under Schedule 1 of the Crimes (Sentencing Procedure) Act 1999." 'What sentence and non-parole period should be imposed on re-determination.' "Whether the applicant's prison conduct, remorse, rehabilitation and risk of re-offending justified a finite sentence and non-parole period."]

Ratio Decidendi

The application was granted because, applying ordinary sentencing principles to the objective seriousness of the murder and the material now available, including the applicant's remorse, rehabilitation, prison conduct and low assessed risk of re-offending, the appropriate redetermined sentence was a finite term of 20 years imprisonment with a non-parole period of 14 years, commencing from 14 February 1989.

Court Disposition

Application granted. Life sentence redetermined to a sentence of 20 years imprisonment with a non-parole period of 14 years.

Orders

  • ["The applicant's life sentence was re-determined to imprisonment for 20 years with a non-parole period of 14 years." 'The re-determined sentence operates from 14 February 1989.' 'The non-parole period expires on 13 February 2003.']