R v Constantinou [1999] NSWSC 520

R v Constantinou [1999] NSWSC 520

Applicant's case, though worse than co-offender's due to higher number of murders and physical violence, does not fall within the worst category requiring a life sentence. Determinate minimum term is justified based on absence of intent to kill or inflict grievous bodily harm, applicant's youth, prospects of rehabilitation, and parity considerations.

Parties
Respondent: Regina; Applicant: Sam Constantinou
Jurisdiction
Australia
Judgment Date
04 June 1999
Procedural Posture
Criminal / Life Sentence Redetermination Application Under S13 a Sentencing Act
Outcome
application granted
Legal Topics
Murder, Sentencing, Life Sentence Redetermination, Parity, Rehabilitation, Felony Murder
Criminal Law Murder Sentencing Life Sentence Redetermination Parity Rehabilitation Felony Murder

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Parties

Regina

Respondent

Sam Constantinou

Applicant

Procedural Posture

Criminal / Life Sentence Redetermination Application Under S13 a Sentencing Act

Legal Issues

  1. 1 Whether the applicant's case falls within the worst category of murder requiring life imprisonment
  2. 2 Whether minimum and additional terms should be set to replace life sentences for murder under s13A of the Sentencing Act
  3. 3 Parity with co-offender's sentence determination

Ratio Decidendi

Applicant's case, though worse than co-offender's due to higher number of murders and physical violence, does not fall within the worst category requiring a life sentence. Determinate minimum term is justified based on absence of intent to kill or inflict grievous bodily harm, applicant's youth, prospects of rehabilitation, and parity considerations.

Court Disposition

application granted

Orders

  • For each of the murders of John Thomas Gibson, Leonard Herbert Carey and Michael John Condon Brown, minimum term of penal servitude of thirty years from 9 January 1983 to 8 January 2013, with an additional term for the remainder of applicant's life, sentences to be served concurrently.