R v Wade [2013] NSWSC 1092

Supreme Court New South Wales

Medium Neutral Citation: R v Wade [2013] NSWSC 1092 Hearing dates: 7 June 2013 Decision date: 05 August 2013 Before: Latham J Decision: The applicant's sentence ought be re-determined. I specify a term of imprisonment of 36 years to date from 13 August 1988, expiring 12 August 2024. I specify a non- parole period of 26 years, expiring 12 August 2014. Earliest date entitled to be considered for release 13 August 2014. Catchwords: SENTENCE - application for redetermination of life sentence - murder and sexual assault of child - top of the range of murder - low to medium risk of re-offending - sentence re-determined Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Sentencing Act 1989 Cases Cited: R v Rees NSWCCA 22 September 1995 (unreported) Category: Sentence Parties: Regina - (Crown) Douglas James Wade - (Applicant) Representation: Counsel MM Cinque - (Crown) J Stratton SC - (Applicant) Solicitors Solicitor for the Director of Public Prosecutions - (Crown) Legal Aid NSW - (Applicant) File Number(s): 1998/93

Judgment

NON-PUBLICATION ORDER PLACED ON NAME OF VICTIM AND ANY other NAME OR INFORMATION CAPABLE OF IDENTIFYING HER 1The applicant, Douglas James Wade, was convicted after trial of the murder of 22 month old JC on 13 August 1988. Justice Finlay imposed a life sentence on 20 September 1989. The applicant was also sentenced to 10 years imprisonment for the sexual assault of the child. This latter sentence has expired. 2The applicant is eligible to make an application for the redetermination of his sentence, pursuant to s 44 and Schedule 1 of the Crimes (Sentencing Procedure) Act 1999. The applicant originally filed an application for determination of his life sentence under s 13 A of the Sentencing Act 1989 on 16 August 1996. The application was listed for hearing on 16 February 2001 but was withdrawn 10 days prior to the hearing.