R v Barker [2001] NSWSC 295

New South Wales Supreme Court

CITATION : R v Barker [2001] NSWSC 295 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC L13/96 HEARING DATE(S) : 30 March 2001 JUDGMENT DATE : 24 April 2001

PARTIES : Regina v Leonard Samuel Barker JUDGMENT OF : Studdert J

COUNSEL : L. Lamprati (Crown) C.B. Craigie/Mr Benson (Applicant) SOLICITORS : S.E. O'Connor (Crown) D.J. Humphreys (Applicant) LEGISLATION CITED : Crimes (Sentencing Procedure) Act Sentencing Act, 1989 R v Ellis (1986) 6 NSWLR 603 R v Thomson (2000) 49 NSWLR 383 R v Dodd (1991) 52 A Crim R 349 R v Kalache [2000] NSWCCA 2 CASES CITED : R v Purdey (1993) 65 A Crim R 441; (1993) 31 NSWLR 668 R v Fenech (unreported, Barr J, 4 September 1997) R v Salameh [1999] NSWCCA 300 R v Maiden [2000] NSWCCA 519 R v Pearce (1998) 156 A Crim R 684 DECISION : See para 48

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

STUDDERT J

Tuesday 24 April 2001 L13/96 REGINA v LEONARD SAMUEL BARKER

JUDGMENT

1 HIS HONOUR: On 18 November 1988 the applicant, Leonard Samuel Barker, was sentenced to penal servitude for life for the murder of Terrence Trevor Rose. The sentence was expressed to date from the time that the applicant was taken into custody in February 1988. The applicant now seeks the determination of a term and a non parole period for that sentence, and although the application bears a date before its commencement, it is common ground between the applicant and the Crown that this application is governed by Sch 1 to the Crimes (Sentencing Procedure) Act 1999. 2 The evidence placed before the Court on this application has been in part in documentary form and in part by way of oral testimony. The following documents were tendered: