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 RaymondJUDGMENT OF: Greg James J at 1
COUNSEL : Crown: P. Power, SC.
App: H. DhanjiSOLICITORS: Crown: S.E. O'Connor
App: D.J. HumphreysCATCHWORDS: 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 1999CASES 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 656DECISION: 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 DIVISIONGREG JAMES, J.
FRIDAY 18 OCTOBER 2002
No. 14 of 1997
REGINA v. NEVILLE RAYMOND TOWNER
The applicationRE-DETERMINATION OF LIFE SENTENCE
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…
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- AGLC
- R v Towner [2002] NSWSC 951
- Case
- [2002] NSWSC 951
- Decision Date
CaseChat Overview and Summary
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
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
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Ratio Decidendi
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