NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Main [2009] NSWCCA 14
HEARING DATE(S): 11 December 2008
JUDGMENT DATE: 13 February 2009
JUDGMENT OF: McClellan CJatCL at 1; Grove J at 2; Howie J at 45
DECISION: Crown appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Life sentences imposed prior to Sentencing Act 1989 - Total of three impositions - Two offences committed on the same occasion and the third whilst in custody serving sentence for the earlier crimes - Discussion of procedure and specification of facts when application for redetermination made - Crown appeal asserting inadequacy of resentence for second murder committed while in custody - Life sentence left in place but non-parole period of 25 years ordered - Crown contention that longer non-parole period should be set - 25 years congruent with pattern of redetermined sentences for offences of similar degree of criminality - Finding by trial judge that rehabilitation under way - Some ambiguity about finding at first instance - Assuming level of seriousness and facts contended by Crown intervention not required
Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED: Crimes (Sentencing Procedures) Act 1999 Criminal Appeal Act 1912 Sentencing Act 1989
CATEGORY: Principal judgment
CASES CITED : Pearce v The Queen 1998 194 CLR 610 R v Robinson [2008] NSWCCA 188
PARTIES: REGINA - Appellant Robert Michael MAIN - Respondent
FILE NUMBER(S): CCA 2008/11674
COUNSEL: D Frearson SC with J Girdham (Appellant/Crown) A Haesler SC (Respondent)
SOLICITORS: S Kavanagh (Solicitor of Public Prosecutions) S O'Connor (Legal Aid Commission)
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