R v Page

Case

[2002] NSWSC 1067

15 November 2002


Details
AGLC Case Decision Date
R v Page [2002] NSWSC 1067 [2002] NSWSC 1067 15 November 2002

CaseChat Overview and Summary

The appellant, R, appealed against a decision by the Supreme Court of Victoria to determine the sentence in his case. The appellant had originally been sentenced to life imprisonment for murder, and the court was asked to consider whether he should benefit from a recent change in sentencing guidelines which reduced the minimum term for life sentences. The Supreme Court found that the appellant was not entitled to benefit from the change in penalty, holding that the redetermination was not a new sentence but rather a reassessment of the original sentence in light of the new guidelines.

The legal issues before the court were whether the appellant was entitled to the benefit of the change in sentencing guidelines and, if so, whether the redetermination of the sentence amounted to a new sentence. The appellant argued that the redetermination should be considered a new sentence and that he should be entitled to the benefit of the reduced minimum term. The Crown contended that the redetermination was not a new sentence and that the appellant was not entitled to the benefit of the change in penalty.

The court held that the redetermination was not a new sentence but rather a reassessment of the original sentence in light of the new guidelines. The court found that the appellant was not entitled to benefit from the change in penalty as the redetermination was not a new sentence but rather a reassessment of the original sentence in light of the new guidelines. The court held that the redetermination was a continuation of the original sentence and that the appellant was not entitled to the benefit of the reduced minimum term. The court held that the redetermination was not a new sentence but rather a reassessment of the original sentence in light of the new guidelines.

The appeal was dismissed, and the decision of the Supreme Court was affirmed. The court held that the redetermination was not a new sentence but rather a reassessment of the original sentence in light of the new guidelines and that the appellant was not entitled to the benefit of the reduced minimum term.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Limitation Periods

  • Appeal

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Cases Citing This Decision

12

ASP v The Queen [2007] NSWSC 339
ASP v The Queen [2007] NSWSC 339
Pollock v The Queen [2007] NSWSC 148
Cases Cited

5

Statutory Material Cited

5

R v Page [2022] ACTCA 65
Spina v The Queen [2003] WASCA 219
MJL v R [2007] NSWCCA 261