R v Maiden [1999] NSWSC 311

The applicant's life sentence for murder is re-determined with a minimum term of eighteen and a half years commencing 21 September 1988, and an additional term of six years, having regard to the seriousness of the crime, protection of the public, totality with other sentences, and the applicant's prospects for rehabilitation.

Parties: Applicant: Stephen Arthur Maiden; Respondent: Regina
Jurisdiction: Australia
Judgment Date: 08 April 1999
Procedural Posture: Criminal / Application for Re Determination of Life Sentence
Outcome: Life sentence re-determined; minimum and additional terms fixed.
Legal Topics: Sentencing, Re Determination of Life Sentence

Criminal Law Sentencing Re Determination of Life Sentence

Case Brief

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Parties

Stephen Arthur Maiden

Applicant

Regina

Respondent

Procedural Posture

Criminal / Application for Re Determination of Life Sentence

Legal Issues

1 Whether the applicant's life sentence for murder should be re-determined under s 13A Sentencing Act 1987
2 What minimum and additional term should be fixed, considering previous sentences and the facts of the offence

Ratio Decidendi

Court Disposition

Life sentence re-determined; minimum and additional terms fixed.

Orders

Applicant re-sentenced for the murder of Mark Gerald White to penal servitude for a minimum term of eighteen and a half years commencing 21 September 1988.
An additional term of six years fixed; earliest parole eligibility is 20 March 2007.