Legal Research
Cases
R v Towner

R v Towner

Case [2002] NSWSC 951 18 October 2002

No judgment structure available for this case.

Type to search within this case.

CITATION: REGINA v. TOWNER [2002] NSWSC 951

CURRENT JURISDICTION: Criminal

FILE NUMBER(S): SC No. 14 of 1997

HEARING DATE(S): 6 December 2001, 27 June 2002

JUDGMENT DATE: 18 October 2002

PARTIES :

REGINA v.
TOWNER, Neville Raymond

JUDGMENT OF: Greg James J at 1

COUNSEL : Crown: P. Power, SC.
App: H. Dhanji

SOLICITORS: Crown: S.E. O'Connor
App: D.J. Humphreys

CATCHWORDS: Criminal law - life sentence - re-determination under s.13A, Sentencing Act 1989 - murder and attempted rape of child under 10 - considerations of principles applicable - consideration of life sentences under subsequent sentencing regimes - consideration of sentences passed after re-determinations - offence not meriting life means life - difference in nature between life sentence with parole and life sentence with no prospect of release - application of principles relating to non-parole period to fixing minimum term.

LEGISLATION CITED: Sentencing Act 1989
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CASES CITED: Baker [2001] NSWSC 412
Clarke (1990) 48 A. Crim. R. 100
Baker [2002] NSWCCA 184
Ainsworth (1994) 76 A. Crim. R. 127
Previtera (1997) 94 A. Crim. R. 76
Cribb (CCA, unreported 4 November 1994)
Petrinovic [1999] NSWSC 1131
Fernando (CCA, unreported 21 August 1997)
Garforth (CCA, unreported 23 May 1994)
Purdy (1992) 65 A. Crim. R. 441
Johnstone (Badgery-Parker, J., unreported 20 November 1992)
Carr (Greg James, J., unreported 23 April 1999)
Harris [2000] NSWCCA 469
Hitchins (Grove, J., unreported 3 June 1993)
Pearce aka Luckman (James, J., unreported 20 October 1993)
MBD (CCA, unreported 6 March 1996)
Gregory (Finlay, J., unreported 7 June 1991)
Lewthwaite (Slattery, J., unreported 31 July 1992)
Beatty (Newman, J., unreported 8 November 1991)
Jessop (Sharpe, J., unreported 7 February 1992)
Stephens (McInerney, J., unreported 22 December 1987)
Kalajzich (1997) 94 A. Crim. R. 41
Veen [2000] NSWSC 656

DECISION: The sentence for murder should be re-determined and the applicant is sentenced to life to date from 18 May 1989. That sentence comprises a minimum term of 20 years to expire on 17 May 2009, together with an additional term of life imprisonment.

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

GREG JAMES, J.

FRIDAY 18 OCTOBER 2002

No. 14 of 1997

REGINA v. NEVILLE RAYMOND TOWNER

RE-DETERMINATION OF LIFE SENTENCE
The application

1 HIS HONOUR: By application dated 3 September 1997, Neville Towner has applied for the re-determination of the life sentence imposed upon him in the Supreme Court following his conviction for murder. He had also been sentenced for an offence of assault with intent to have sexual intercourse with a person under the age of 10 years. The applicant is presently aged 36, having been born on 21 December 1965. He has been in continuous custody since 18 May 1989, on which date his sentences were directed to commence. He has therefore been serving his sentences for over 13 years. The application is brought pursuant to s.13A of the Sentencing Act 1989 (the Act), the history and applicability of which section I will refer to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Towner

Details

AGLC: R v Towner [2002] NSWSC 951
Case: [2002] NSWSC 951
Decision Date: 18 October 2002

CaseChat Overview and Summary

In the case of R v Towner, the defendant was convicted of murder and attempted rape of a child under the age of 10. The matter was brought before the court for the purpose of re-determining the appropriate sentence under section 13A of the Sentencing Act 1989. The fundamental legal issue for the court was to decide whether the defendant's crimes warranted a life sentence and, if so, what the appropriate non-parole period should be, considering the principles applicable and the subsequent sentencing regimes.

The court meticulously examined the principles applicable to the re-determination of life sentences, particularly in cases of murder and attempted rape of a child under 10. It considered the severity of the crimes, the principles of deterrence, retribution, and rehabilitation, and the sentences imposed in similar cases. The court also compared the life sentence with parole to a life sentence with no prospect of release, assessing the gravity of the offence and the likelihood of the offender ever being suitable for release. The court concluded that the heinous nature of the crimes warranted a life sentence but found that the specific circumstances did not merit a life sentence with no prospect of release. Instead, it determined that the appropriate sentence was a life sentence with a specific non-parole period.

The court set the non-parole period after applying the principles relating to such determinations, balancing the need for justice for the victim and the public with the potential for rehabilitation. The court's reasoning was thorough, taking into account both the heinous nature of the crimes and the possibility of the defendant's rehabilitation. Ultimately, the court fixed the non-parole period at a term that it deemed appropriate given the circumstances.

The final orders of the court were that the defendant would serve a life sentence with a non-parole period of a specific number of years, reflecting the court's determination of the appropriate punishment and the considerations outlined in its judgment.

Orders