R v Mayes CA26/03

The appeal was brought by the Crown against a sentence of 12 years imprisonment with a minimum term of 8 years, imposed on Danny Brian Mayes for the murder of Karnia Eva Carswell. Mayes had pleaded guilty to the charge after initially pleading not guilty. The Court of Appeal was required to determine whether the sentence imposed was appropriate, and whether the sentence could be appealed against. The Court found that the sentence imposed was not appropriate, and that the Crown's appeal should be allowed. The Court held that the presumption in favour of life imprisonment for murder was strong, and that the circumstances of the offence and offender must be considered in determining whether a departure from the presumption is appropriate. The Court found that the sentence imposed did not take sufficient account of the aggravating features of the case and the ongoing risk posed by the respondent. The Court also found that there was no jurisdictional obstacle to the imposition of a minimum period of imprisonment in respect of a determinate sentence for murder. The final orders of the Court were that leave is granted to the Solicitor-General to appeal against the sentence imposed on Mr Mayes, the appeal is allowed, the determinate sentence of 12 years imprisonment and the order for a minimum term of imprisonment are each quashed, and in substitution, a sentence of imprisonment for life is imposed.