Regina v Glen [2006] NSWCCA 153

Regina v Glen [2006] NSWCCA 153

The Court held that the setting of a finite head sentence was inappropriate because no evidence established the respondent would cease to pose a danger to the community after a set term. Given only 'hoped for' rehabilitation, unsupervised liberty was not in the public interest. The correct course was to leave the life sentence intact and set a non-parole period, ensuring any release would be subject to parole supervision for life.

Jurisdiction
Australia
Judgment Date
11 May 2006
Procedural Posture
Crown Appeal / Determination of Sentence on Appeal From Redetermination of Life Sentence
Outcome
Crown appeal allowed
Legal Topics
['sentencing' 'life Sentences' 'parole Eligibility' 'crown Appeals' 'redetermination of Sentence' 'special Provisions for Indeterminate Sentences']
['criminal Law'] ['sentencing' 'life Sentences' 'parole Eligibility' 'crown Appeals' 'redetermination of Sentence' 'special Provisions for Indeterminate Sentences']

Case Brief

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Procedural Posture

Crown Appeal / Determination of Sentence on Appeal From Redetermination of Life Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed after redetermination of life sentence was manifestly inadequate' 'Whether special provisions for indeterminate sentences with parole opportunities were properly considered' 'Whether public interest allows for unsupervised liberty or requires ongoing parole supervision for the offender']

Ratio Decidendi

The Court held that the setting of a finite head sentence was inappropriate because no evidence established the respondent would cease to pose a danger to the community after a set term. Given only 'hoped for' rehabilitation, unsupervised liberty was not in the public interest. The correct course was to leave the life sentence intact and set a non-parole period, ensuring any release would be subject to parole supervision for life.

Court Disposition

Crown appeal allowed

Orders

  • ['Redetermination of sentence by Barr J quashed.' 'Application to set a specific term for the sentence imposed on 22 December 1986 declined.' 'Pursuant to clause 4 (1)(b) to Schedule 1 of the Crimes (Sentencing Procedure) Act 1999, a non-parole period of 24 years is set from 10 October 1985 to 9 October 2009.'...