R v Victorsen [1999] NSWSC 913

R v Victorsen [1999] NSWSC 913

Given the defendant's plea of guilty to murder, his remorse, background including drug abuse and family breakdown, and prospects for rehabilitation, but also the serious circumstances of the offence and need for community protection, a sentence of eighteen years with a thirteen year minimum term and five year additional term is appropriate.

Jurisdiction
Australia
Judgment Date
13 August 1999
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['sentencing' 'murder' 'patricide' 'plea of Guilty' 'drug Abuse' 'family Breakdown' 'special Circumstances']
['criminal Law'] ['sentencing' 'murder' 'patricide' 'plea of Guilty' 'drug Abuse' 'family Breakdown' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['appropriate sentence for murder committed amid drug and alcohol abuse' "effect of defendant's background and remorse on sentencing" 'validity and weight of victim impact statement' 'assessment of risk to society and rehabilitation prospects']

Ratio Decidendi

Given the defendant's plea of guilty to murder, his remorse, background including drug abuse and family breakdown, and prospects for rehabilitation, but also the serious circumstances of the offence and need for community protection, a sentence of eighteen years with a thirteen year minimum term and five year additional term is appropriate.

Court Disposition

convicted and sentenced

Orders

  • ['William Peter Victorsen sentenced to penal servitude for eighteen years: minimum term thirteen years (29 December 1997 to 28 December 2010), additional term five years (29 December 2010 to 28 December 2015).']