R v Rosevear [1999] NSWSC 732

R v Rosevear [1999] NSWSC 732

The applicant was eligible to apply and, despite the brutal and merciless circumstances of the murder and the absence of mitigating circumstances, his favourable custodial record, nil misconduct, work history, participation in programs, rehabilitation prospects, and the utility of further rehabilitative planning justified determining a minimum term and additional term. An appropriate sentence was a minimum term of fifteen years penal servitude from 16 January 1989 to 15 January 2004 and an additional term of five years from 16 January 2004 to 15 January 2009, with parole eligibility from 16 January 2004.

Jurisdiction
Australia
Judgment Date
21 July 1999
Procedural Posture
Application Pursuant to S 13 a of the Sentencing Act / Determination of a Minimum Term and an Additional Term for an Existing Life Sentence
Outcome
Application granted; minimum term and additional term determined.
Legal Topics
['murder' 'life Sentence' 'minimum Term' 'additional Term' 'parole Eligibility' 'rehabilitation' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['murder' 'life Sentence' 'minimum Term' 'additional Term' 'parole Eligibility' 'rehabilitation' 'victim Impact Statement']

Case Brief

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Procedural Posture

Application Pursuant to S 13 a of the Sentencing Act / Determination of a Minimum Term and an Additional Term for an Existing Life Sentence

Legal Issues

  1. 1 ["Whether the Court should determine a minimum term and an additional term for the applicant's existing life sentence under s 13A of the Sentencing Act." "What minimum term and additional term were appropriate having regard to the circumstances of the murder, the applicant's other convictions, post-sentence conduct and rehabilitation, community safety, age, and other relevant sentencing considerations."]

Ratio Decidendi

The applicant was eligible to apply and, despite the brutal and merciless circumstances of the murder and the absence of mitigating circumstances, his favourable custodial record, nil misconduct, work history, participation in programs, rehabilitation prospects, and the utility of further rehabilitative planning justified determining a minimum term and additional term. An appropriate sentence was a minimum term of fifteen years penal servitude from 16 January 1989 to 15 January 2004 and an additional term of five years from 16 January 2004 to 15 January 2009, with parole eligibility from 16 January 2004.

Court Disposition

Application granted; minimum term and additional term determined.

Orders

  • ['Minimum term of fifteen years penal servitude to date from 16 January 1989 and to expire on 15 January 2004.' 'Additional term of five years to date from 16 January 2004 and to expire on 15 January 2009.' '16 January 2004 specified as the first date upon which the applicant is to be eligible for release on parole.']