Boyd v The Queen (No. 3)

The applicant, Boyd, sought a determination of five life sentences imposed in 1985 for the murder of three women and the attempted murder of a fourth. Boyd, who was 61 at the time of the application, had committed the crimes between 1982 and 1983. The Supreme Court was required to consider the nature and severity of the crimes, Boyd’s lack of insight into his offending, and the statutory factors outlined in Schedule 1 of the relevant Act. The court had to determine whether the circumstances justified a reduction in the severity of the sentences.

The court found that the crimes were of the highest degree of culpability and involved significant heinousness, particularly due to the sexual sadism demonstrated in the attacks. Boyd’s lack of insight into his offending behaviour and the serious impact on the victims further supported the severity of the sentences. The court considered the sentencing court’s recommendations, which had given substantial weight to the heinousness and level of culpability of the offences. The court also evaluated the need to protect the community and Boyd’s age at the time of the application.

In light of the heinousness of the crimes, Boyd’s lack of insight, and the statutory considerations, the court refused the application for a sentence determination. Boyd would remain in prison for the term of his natural life. The court emphasised the importance of maintaining public safety and ensuring that sentences reflect the gravity of the offences committed.