R v Keli LANE [2011] NSWSC 289

Supreme Court New South Wales

Medium Neutral Citation: R v Keli LANE [2011] NSWSC 289 Hearing dates: 9 August 2010 - 13 December 2010 Decision date: 15 April 2011 Jurisdiction: Common Law Before: Whealy JA Decision: (1) For the offence of false swearing committed on 3 rd April 1995, I sentence you to a fixed term of imprisonment for 9 months, such sentence to date from 13 th December 2010, and to expire on 12 th September 2011.

(2) For the offence of false swearing committed on or about 29 th April 1995, I sentence you to a fixed term of imprisonment for 9 months, such sentence to date from 13 th December 2010, and to expire on 12 th September 2011.

(3) For the offence of false swearing committed on or about 13 th September 1999, I sentence you to a fixed term of imprisonment for 12 months, such sentence to date from 13 th February 2011, and to expire on 12 th February 2012.

(4) For the murder of Tegan Lane, I sentence you to a non-parole period of 13 years and 5 months, to date from 13 th December 2010 and to expire on 12 th May 2024, with a balance of term of 4 years and 7 months. The balance of term is to commence on 13 th May 2024, and is to expire on 12 th December 2028. Catchwords: CRIMINAL LAW - Child murder - factors influencing objective seriousness - intention to kill - absence of premeditation - relatively spontaneous decision - presence of personality disorder - factors relevant to sentencing - youth and immaturity - rehabilitation - good character - unlikelihood of re-offending - excessive media attention - unavailability of standard non-parole period legislation - sentencing pattern at time of offence - delay in prosecution - protective custody - effect on child of offender - whether exceptional circumstances.