R v Harris [2000] NSWCCA 469

R v Harris [2000] NSWCCA 469

Given the heinousness, callousness, and reprehensibility of the second and third murders, the trial judge erred in not imposing life sentences for those counts. The law in NSW does not permit the fixing of a non parole period for life sentences for murder under s19A, and the sentences for counts 2 and 3 must be quashed and replaced with life imprisonment, with no non parole period fixed.

Jurisdiction
Australia
Judgment Date
20 December 2000
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal
Outcome
Crown appeal allowed in part; sentences for counts 2 and 3 quashed and substituted with life imprisonment with no non-parole period; other sentences unaffected.
Legal Topics
['sentencing' 'murder' 'life Imprisonment' 'non Parole Period' 'crown Appeal Against Sentence' 'worst Case Principle' 'subjective Circumstances in Sentencing']
['criminal Law'] ['sentencing' 'murder' 'life Imprisonment' 'non Parole Period' 'crown Appeal Against Sentence' 'worst Case Principle' 'subjective Circumstances in Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Crown Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for murder should have been life imprisonment with no non parole period under s19A Crimes Act 1900 (NSW) and s61 Crimes (Sentencing Procedure) Act 1999 (NSW)' "Whether the principle of 'worst case' at common law applies in addition to statutory provisions" 'Whether subjective circumstances should be disregarded when offences are especially heinous' 'Whether it is legally permissible to fix a non parole period to a life sentence for murder under current NSW law']

Ratio Decidendi

Given the heinousness, callousness, and reprehensibility of the second and third murders, the trial judge erred in not imposing life sentences for those counts. The law in NSW does not permit the fixing of a non parole period for life sentences for murder under s19A, and the sentences for counts 2 and 3 must be quashed and replaced with life imprisonment, with no non parole period fixed.

Court Disposition

Crown appeal allowed in part; sentences for counts 2 and 3 quashed and substituted with life imprisonment with no non-parole period; other sentences unaffected.

Orders

  • ['Appeal allowed' 'Sentences for the murders charged in counts 2 and 3 of the indictment quashed, and in lieu thereof the respondent is sentenced to imprisonment for life, no non parole period fixed in respect of those sentences.']