3 Strikes/ Murder

Question 1

R v Bell

Answer 1

“Inherent difficulties in setting minimum term, because there is a statutory floor but no finite ceiling (other than natural life)”

Question 2

104 (a) - Case

Answer 2

R v Lundy: murdered daughter because she saw him killing mother *murder to avoid conviction/ conceal evidence automatically increases MPI to 17 years

Question 3

Approach to considering manifest injustice

Answer 3

R v Rapira manifest injustice is a “clearly demonstrated” injustice

Question 4

R v Williams

Answer 4

“The specified minimum term may not be departed form lightly” and at the Judges discretion

Question 5

Factors which lead to 17 years being manifestly unjust

Answer 5

Remorse (Campbell)

Harrison (Early guilty plea)

Question 6

Strike 1:

Answer 6

Warning. Normal offence normal parole

Question 7

Strike 2:

Answer 7

Must serve full term of imprisonment (No parole)

Question 8

Strike 3:

Answer 8

Must serve maximum term of imprisonment for offence

Question 9

Palalagi v Police

Answer 9

“Parole is a privilege not a right”

Question 10

Manifestly Unjust in Murder and Three Strikes: Harrison

Answer 10

[98] ss 86A-86I provides for a regime that is vastly different to usual sentencing practise and entails far more extreme outcomes

Question 11

Manifestly Unjust: Three Strikes R v Ratima

Answer 11

Ratima received much harsher penalties under 3 strikes regime, difference in sentencing is too much
“grossly disproportionate does not necessarily mean rare or exceptional”