The Queen v Wheeldon, Timothy Justin [1978] FCA 23

The Queen v Wheeldon, Timothy Justin [1978] FCA 23

The Court held that the penalty of imprisonment for life for murder is not mandatory in the Australian Capital Territory because the Crimes Act as affected by the Death Penalty Abolition Act and relevant Ordinances includes sentencing discretion under s.442, so the trial judge may impose a sentence of less duration than life imprisonment.

Parties
Prosecutor: The Queen; Defendant: Timothy Justin Wheeldon
Jurisdiction
Australia
Judgment Date
13 April 1978
Procedural Posture
Criminal / Question of Law Reserved to the Full Court
Outcome
The penalty of imprisonment for life for the crime of murder is not mandatory; the Court may impose a sentence of less duration.
Legal Topics
Mandatory Sentencing, Murder, Death Penalty Abolition, Sentencing Discretion
Criminal Law Mandatory Sentencing Murder Death Penalty Abolition Sentencing Discretion

Case Brief

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Parties

The Queen

Prosecutor

Timothy Justin Wheeldon

Defendant

Procedural Posture

Criminal / Question of Law Reserved to the Full Court

Legal Issues

  1. 1 Whether the penalty of imprisonment for life for the crime of murder is mandatory in the Australian Capital Territory after the coming into operation of the Death Penalty Abolition Act and the Crimes Ordinance 1974

Ratio Decidendi

The Court held that the penalty of imprisonment for life for murder is not mandatory in the Australian Capital Territory because the Crimes Act as affected by the Death Penalty Abolition Act and relevant Ordinances includes sentencing discretion under s.442, so the trial judge may impose a sentence of less duration than life imprisonment.

Court Disposition

The penalty of imprisonment for life for the crime of murder is not mandatory; the Court may impose a sentence of less duration.

Orders

  • Question reserved answered: No.