Murray v The Queen [2006] NTCCA 09
PARTIES: MURRAY, Eric James
v
THE QUEEN
TITLE OF COURT: COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: CRIMINAL APPEAL FROM THE SUPREME COURT EXERCISING TERRITORY JURISDICTION
FILE NO: CA 11 of 2005 (20320761)
DELIVERED: 10 May 2006
HEARING DATES: 23 February 2006
JUDGMENT OF: MARTIN (BR) CJ, MILDREN & THOMAS JJ
APPEAL FROM: R v Murray, Sentencing Remarks, Riley J, 18 April 2005
CATCHWORDS:
CRIMINAL LAW
Appeal against sentence – indefinite sentences incorrectly imposed on all counts – appeal allowed – appellant re-sentenced – fixed term imposed.
Sentencing Act (NT), subdivision 4 of Division 5, s 51, s 52, s 53, s 55, s 55A, s 62, s 63, s 65, s 65(1), s 65(8), s 65(9), s 66, s 67, s 70, s 71, s 72, s 73, s 74, s 74(3)(a), s 74(3)(c), s 112
Fox and Freiberg, Sentencing, 2nd ed, Oxford University Press, Melbourne, 1999; Pearce and Geddes, Statutory Interpretation in Australia, 5th ed, Butterworths, Sydney, 2001
Green v The Queen (1999) 9 NTLR 138; applied
Chester v The Queen (1988) 165 CLR 611; McGarry v The Queen (2001) 207 CLR 121; Buckley v The Queen (2006) 224 ALR 416; Saxon v The Queen (1998) 1 VR 503; followed
Pearce v The Queen (1998) 194 CLR 610; referred to
REPRESENTATION:
Counsel:
Appellant: S Cox QC
Respondent: D Lewis
Solicitors:
Appellant: Northern Territory Legal Aid Commission
Respondent: Office of the Director of Public Prosecutions
Judgment category classification: B
Judgment ID Number: Mil06374
Number of pages: 57
IN THE COURT OF CRIMINAL APPEAL
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN
No. CA 11 of 2005 (20320761)
BETWEEN:
ERIC JAMES MURRAY
Appellant
AND:
THE QUEEN
Respondent
CORAM: MARTIN (BR) CJ, MILDREN & THOMAS JJ
REASONS FOR JUDGMENT
(Delivered 10 May 2006)
Martin (BR) CJ:
Introduction
On 21 January 2005 the appellant was found guilty by a jury of seven crimes committed between 29 September and 2 October 2003. On each count the learned sentencing Judge sentenced the appellant to an indefinite term of imprisonment deemed to have commenced on 3 October 2003. His Honour specified a single nominal sentence of 28 years. In arriving at that period, his Honour indicated he had considered the following provisional periods as appropriate for the individual crimes:
Count 1 Threatening to kill 1 year Count 2 Deprivation of liberty 3 years and 6 months concurrently with count 1 Count 4 Aggravated Assault 2 years concurrently with counts 1 and 2 Counts 3, 5, 8 and 9 Unlawful sexual intercourse without consent 14 years on each count concurrently with counts 1, 2 and 4 and concurrently with each other to the extent of 7 years on each count (cumulative total 28 years)
The appellant appeals against the indefinite sentences on the basis that indefinite sentences could not be imposed with respect to the crimes in counts 1,…
Continue reading Murray v The Queen
Sign in free to access the full text
- AGLC
- Murray v The Queen [2006] NTCCA 9
- Case
- [2006] NTCCA 9
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the imposition of indefinite sentences for the crimes in counts 1, 2, and 4 was permissible under the relevant statutory provisions. Additionally, the court needed to assess whether the sentences were appropriate in light of the appellant's crimes and the principles of sentencing. The court also had to consider whether the total nominal sentence of 28 years was manifestly excessive.
The court found that the imposition of indefinite sentences on counts 1, 2 and 4 was not legally permissible, as the relevant statutory provisions did not allow for such sentences in these circumstances. The court also considered the nature and severity of the crimes, and concluded that while the crimes were heinous, the imposition of indefinite sentences was not an appropriate response. The court held that a fixed-term sentence was more suitable, taking into account the appellant's criminal history and the need for rehabilitation. The court further determined that the total nominal sentence of 28 years was excessive, and re-sentenced the appellant to a fixed term that reflected the appropriate balance between punishment, deterrence, and rehabilitation.
The court's final orders were that the appeal be allowed, the indefinite sentences on counts 1, 2 and 4 be quashed, and the appellant be re-sentenced to fixed terms for each of the counts, with the total nominal sentence being reduced to an appropriate level. The court also directed that the sentences be served concurrently, taking into account the appellant's age and health.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.