R v Rodney Keith Winters (Appellant) No. Sccrm-97-30 Judgment No. 6230 Number of Pages 7 Criminal Law

The appellant, Rodney Keith Winters, was convicted of murder and sentenced to life imprisonment with a non-parole period of 20 years. The appeal was against the excessiveness of the non-parole period. The key issue before the court was whether the non-parole period fixed by the sentencing judge was excessive. The court examined the circumstances of the crime, the appellant's plea of guilty, and his rehabilitation. The court found that the appellant was entitled to some credit for his plea of guilty, although it was not entered until the doubts had been put to rest. The court also found that the appellant was a good candidate for parole. The court concluded that, taking into account the appellant's plea of guilty and his rehabilitation, a non-parole period of 20 years was excessive. The court allowed the appeal and substituted a non-parole period of 16 years.

The final order of the court was that the appeal be allowed, the non-parole period fixed by the sentencing judge be set aside, and a non-parole period of 16 years be substituted to commence from 29 August 1995.