Regina v Andrew Mark Norrie [2006] NSWSC 830

New South Wales Supreme Court

CITATION : Regina v Andrew Mark Norrie [2006] NSWSC 830

HEARING DATE(S) : 11/11/05, 3/3/06

JUDGMENT DATE : 22 August 2006

JUDGMENT OF : Bell J at 1

DECISION : 1. Pursuant to cl 4(1)(c) of Sch 1 of the Crimes (Sentencing Procedure) Act 1999 I decline to specify a term for the life sentence imposed on Andrew Mark Norrie on 31 July 1987 and I decline to specify a non-parole period for the said sentence; 2. Pursuant to cl 6(1)(b) of Sch 1 of the Crimes (Sentencing Procedure) Act 1999 I direct that Andrew Mark Norrie not re-apply to the Court for a period of 20 years' from today's date for the determination of a term and a non-parole period for the sentence referred to in order 1.

CATCHWORDS : Life sentence redetermination - heinous offence - considerations of dangerousness

LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

Baker v R [2004] HCA 45; 78 ALJR 1483 CASES CITED : R v Fernando (1999) NSWCCA 66 R v Harris (2000) 50 NSWLR 409 R v Merritt (2004) 59 NSWLR 557

PARTIES : Andrew Mark Norrie (Applicant) Regina (Respondent)

FILE NUMBER(S) : SC L00014/95

COUNSEL : C. Craigie SC (Applicant) W. Roser (Crown)

SOLICITORS : SE O'Connor (Applicant) S Kavanagh (Respondent)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Tuesday 22 August 2006

L00014/95 Regina v Andrew Mark Norrie

JUDGMENT 1 BELL J: On 31 July 1987 Andrew Mark Norrie was sentenced by Finlay J to imprisonment for life for the murder of Ian Allan Breust (the deceased), to which he had pleaded guilty.