REGINA v MAIN [1999] NSWSC 1174

New South Wales Supreme Court CITATION : REGINA v MAIN [1999] NSWSC 1174 revised - 26/06/2000 CURRENT JURISDICTION : Criminal FILE NUMBER(S) : L00022/97 HEARING DATE(S) : 9 July 1999 19 November 1999 JUDGMENT DATE : 19 November 1999

Regina PARTIES : Robert Michael Main JUDGMENT OF : Adams J at 1

COUNSEL : Mr Phil Thompson (Crown) Mr J Grahame, solicitor for accused SOLICITORS : Director of Public Prosecutions (Crown) Prisoners Legal Service (Applicant) CATCHWORDS : Re-determination of life sentence - s13A Sentencing Act 1989 - purpose of - element of retrospectivity - significance of rehabilitation - relevance of Victims' Impact Statements ACTS CITED : Sentencing Act 1989 Criminal Procedure Act 1986 Regina v Christopher Hatziathanasiou (unreported NSWSC 25 October 1995) Regina v Terry Mark Hitchins (unreported, NSWSC 3 June 1993) CASES CITED : Regina v Anthony Lanigan (unreported, NSWCCA 31 August 1992) Regina v Purdey (unreported, NSWSC 5 November 1992) Bugmy v The Queen (1990) 160 CLR 525) DECISION : Application dismissed; Applicant not to reapply for a period of two years from 9 July 1999

THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION ADAMS J FRIDAY 19 NOVEMBER 1999 L00022/97 REGINA v ROBERT MICHAEL MAIN JUDGMENT ON APPLICATION FOR DETERMINATION OF LIFE SENTENCE

1 HIS HONOUR: On 30 November 1984, the applicant, who was then aged 29 years, was convicted of the murder of one John Wallace Mitchell on or about 18 June 1983 and of assaulting Bruce Kitamura and attempting to rob him of cocaine whilst armed with a .375 magnum revolver. These offences arose out of the same occasion. He was sentenced to penal servitude for life on each count to be served concurrently and dating from the time of his arrest, namely 29 June 1983. On 27 April 1987, whilst serving those life sentences he was convicted of the murder of Anthony William Cameron at Malabar on 27 November 1983 and on, 28 May 1987, he was sentenced to penal servitude for life in respect of this crime. The second murder was committed whilst the applicant was at Long Bay prison awaiting trial for the crimes of which he was convicted in November 1984. The offences of June 1983 were committed when he had been at liberty for about seven months following his release on licence after serving something less than eleven months of a four-year term of imprisonment for armed robbery imposed on 26 January 1982. 2 Having served in respect of the first two sentences of life imprisonment a little over twelve years and in respect of the second murder a little less than nine and a half years the applicant's application for re-determination of those sentences under s13A of the Sentencing Act 1989 (the Act) was dealt with by Allen J on 18 August 1995. His Honour considered that the applications should be dismissed and specified that two years must elapse before an application might again be made to this Court for re-determination. In doing so, his Honour said - "The objective gravity, however, of the offences for which the life sentences were imposed was so great that I do not consider that [I should] ... now proceed to re-determine the life sentences. In that regard I am most affected by the second murder which was a cold, calculated, deceitful assassination. It is an offence so grave that were he to be sentenced now for that offence, under present sentencing patterns, he might well be looking at a sentence of penal servitude for life, the sentence meaning precisely that."