Reported Decision: 111 A Crim R 415
New South Wales
Supreme Court
CITATION: R v Matthew James Harris [2000] NSWSC 285 FILE NUMBER(S): SC 70027/99 HEARING DATE(S): 24 March 2000 JUDGMENT DATE: 7 April 2000 PARTIES :
Regina v Matthew James HarrisJUDGMENT OF: Bell J
COUNSEL : C: Ms W Robinson QC
A: Mr A WebbSOLICITORS: C: S E O'Connor, Director of Public Prosecutions
A: Creaghe LisleCATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentencing - Murder - whether life sentence appropriate LEGISLATION CITED: Sentencing Act 1989, ss5, 13A
Crimes Act 1900, ss19, 19A, 431B
Crimes Legislation Amendment (Sentencing) Act 1999, Sch 1
Crimes (Sentencing Procedure) Act 1999, ss21, 44, 61, Sch 2, cl 37
Crimes Amendment (Mandatory Life Sentences) Act 1996
Crimes (Homicide) Amendment Act 1982
Crimes (Administration of Sentences) Act 1999, s135CASES CITED: R v Previtera (1997) 94 A Crim R 76
R v Kalajzich (1997) 94 A Crim R 41
R v Petrinovic [1999] NSWSC 1131
R v Garforth (CCA, unrep, 31/03/94)
R v Street (CCA, unrep, 17/12/96)
R v Bell (1985) 2 NSWLR 466
R v Burke [1983] 2 NSWLR 93
Veen v The Queen (No.2) (1987-1988) 164 CLR 465
R v Petroff (Hunt CJ at CL, unrep, 12/11/91)
R v McCafferty (Wood J, unrep, 15/10/91)
Bugmy v The Queen (1990) 169 CLR 525
R v Ellis (1986) 6 NSWLR 603
R v Holder (1983) 3 NSWLR 245DECISION: See para 115 (sentenced to 40 years with 25 years non-parole)
THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISIONBELL J
7 APRIL 2000
70027/99 - REGINA v MATTHEW JAMES HARRIS
SENTENCE1 HER HONOUR: On 3 December 1999, the prisoner, Matthew James Harris, was arraigned on an indictment charging him with three counts of murder. He entered pleas of guilty to each count. All matters were stood over for sentence. The sentence hearing was listed before me on 24 March 2000.
2 On that date, the Crown presented a further indictment charging the prisoner with an offence of armed robbery in company committed upon Trang Doan Ngoc Nguyen on 20 June 1998. The prisoner pleaded guilty to that charge.
3 The armed robbery offence was the first in the series of offences for which the prisoner stands for sentence. It was committed ten days before the prisoner’s 30th birthday.
4 The prisoner committed the armed robbery in company with a man named Kenneth Scott Frazier. Neither of them had money to buy alcohol. It was about 7.15pm on a Saturday night. They went to the front door of premises in Nordlingen Drive, Wagga Wagga, which were situated directly behind the block of units in which they both lived. They knocked on the front door of the victim’s unit announcing that they were police. Each was armed with a large kitchen knife. The victim, Trang Nguyen, opened the front door of the unit and the two men pushed their way in. They terrorised Ms Nguyen holding a knife to her throat and demanding money.…
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- AGLC
- R v Harris [2000] NSWSC 285
- Case
- [2000] NSWSC 285
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was the appropriate sentence for a murder conviction, specifically whether the life sentence imposed on Harris was just and in accordance with the principles of sentencing for such a serious crime. The Court needed to determine whether the trial judge had adequately considered the principles of retribution, deterrence, and rehabilitation in imposing the sentence. Furthermore, the Court was required to assess whether the trial judge had appropriately balanced the aggravating and mitigating factors in the case.
The Court found that the trial judge had correctly applied the principles of sentencing for murder. The Court held that the trial judge had given due consideration to the nature of the crime, the culpability of the offender, and the interests of society. The Court also noted that the trial judge had properly balanced the aggravating and mitigating factors in the case, and had exercised its discretion in a manner that was consistent with the principles of sentencing for murder. The Court concluded that the life sentence imposed on Harris was appropriate and in line with the principles of sentencing for murder in Australia. Consequently, the appeal against sentence was dismissed.
No further orders were made by the Court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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