R v Nicholson

Nicholson and Cuthers were found guilty of the murder of Lee McMurdo. The only sentence that could be imposed on this charge was life imprisonment, with the real issue being the length of the minimum term before parole eligibility. The defendants were also guilty of various drug related charges and theft. The court began by sentencing the defendants for their drug related charges and theft, imposing concurrent sentences to avoid a cumulative effect with the murder sentence. For the murder charge, the court considered whether s 104 of the Sentencing Act 2002 applied, which required a minimum term of imprisonment of not less than 17 years if certain criteria were met. The court found that these criteria were met, and imposed the requisite minimum term on Nicholson. However, in Cuthers' case, the court found that a leap from 13 to 17 years imprisonment would be manifestly unjust and imposed a minimum term of 13 years. In all, Nicholson was sentenced to life imprisonment with a minimum term of 17 years for murder, and various concurrent sentences for his other charges. Cuthers was sentenced to life imprisonment with a minimum term of 13 years for murder, and various concurrent sentences for his other charges.