REGINA v CLARKE [1999] NSWSC 1225

REGINA v CLARKE [1999] NSWSC 1225

Given the particular heinousness and aggravating features found, and the applicant's continued inability to explain his actions, the court determined not to set a minimum term and dismissed the application, allowing reapplication only after three years.

Jurisdiction
Australia
Judgment Date
15 December 1999
Procedural Posture
Application for Redetermination of Life Sentence / Judgment on Application for Redetermination Under S 13 a Sentencing Act
Outcome
Application dismissed
Legal Topics
['sentencing' 'redetermination of Life Sentences' 'murder' 'aggravated Sexual Offences Against Children']
['criminal Law'] ['sentencing' 'redetermination of Life Sentences' 'murder' 'aggravated Sexual Offences Against Children']

Case Brief

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Procedural Posture

Application for Redetermination of Life Sentence / Judgment on Application for Redetermination Under S 13 a Sentencing Act

Legal Issues

  1. 1 ["Whether the applicant's life sentence should be redetermined with a minimum term under s 13A of the Sentencing Act"]

Ratio Decidendi

Given the particular heinousness and aggravating features found, and the applicant's continued inability to explain his actions, the court determined not to set a minimum term and dismissed the application, allowing reapplication only after three years.

Court Disposition

Application dismissed

Orders

  • ['The application for redetermination of life sentence is dismissed.' 'The applicant may not reapply to the Court for a period of three years from the date of this judgment.']