R v Valera

The appellant was convicted of two murders, and sentenced to two terms of life imprisonment. The court found that the sentences were inadequate and increased them. The appellant sought leave to appeal against the severity of his sentences, arguing that the sentence was disproportionate to the crimes and the objective circumstances of the case. The appeal concerned the operation of common law principles of the "worst category" of case and the effect of section 61 of the Crimes (Sentencing Procedure) Act 1999 (NSW). The appellant argued that the sentencing judge erred by failing to consider the subjective circumstances of his case, which warranted a lesser sentence. The court considered whether the sentencing judge erred in law by not considering the subjective circumstances of the appellant's case, and whether the sentence was proportionate to the crimes committed. The court found that the sentencing judge was not obliged to consider subjective circumstances, and that the sentence was proportionate to the crimes. The court also found that it did not have the jurisdiction to set a non-parole period for a sentence of life imprisonment for murder. The appeal was dismissed.