Boyd v R (No. 3) [2017] NSWSC 863

Supreme Court New South Wales

Medium Neutral Citation: Boyd v R (No. 3) [2017] NSWSC 863 Hearing dates: 9 December 2016 Date of orders: 30 June 2017 Decision date: 30 June 2017 Jurisdiction: Common Law Before: Johnson J Decision: The application to determine the Applicant's life sentences is refused. Catchwords: CRIMINAL LAW – application for determination of five life sentences imposed in 1985 - consideration of applicable statutory factors - offences held to be in worst category and involving great heinousness - sexual sadism involved in murder of three women and attempted murder of a fourth - four counts of murder and one of wounding with intent to murder – offences committed over seven-month period in 1982-1983 - Applicant has no real insight into offending - now 61 years old - consequence of refusal of application is that Applicant will remain in prison for the term of his natural life - application refused Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Life Sentences) Act 2008 Crimes Act 1900 Cases Cited: Boyd v R [2016] NSWSC 1691 Boyd v R (No. 2) [2016] NSWSC 1755 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Pollock v R [2007] NSWSC 148 R v Boyd (1995) 81 A Crim R 260 R v Denyer (1995) 1 VR 186 R v Glen [2005] NSWSC 1093 R v Glen [2006] NSWCCA 153 R v Harris (2005) 50 NSWLR 409; [2005] NSWCCA 469 R v Hitchins (unreported, Grove J, 3 June 1993) R v Kilic (2016) 91 ALJR 131; [2016] HCA 48 R v Loveridge (2014) 243 A Crim R 31; [2014] NSWCCA 120 R v Lyttle (unreported, Newman J, 6 March 1996) R v McCafferty (unreported, Wood J, 15 December 1991) R v Rees (unreported, Smart J, 12 August 1993) R v Turner (unreported, Wood J, 20 August 1992) R v Wade [2013] NSWSC 1092 Van der Baan v R [2012] NSWCCA 5 Texts Cited: Ware and Marshall, "Treatment Engagement With A Sexual Offender Who Denies Committing the Offence" Ware, Marshall and Marshall, "Categorical Denial in Convicted Sex Offenders: The Concept, its Meaning and its Implications for Risk and Treatment" Category: Principal judgment Parties: Samuel Leonard Boyd (Applicant) Regina (Respondent) Representation: Counsel: Mr PM Strickland SC (Applicant) Mr H Baker (Respondent)