Murder and Three Strikes rule

Question 1

R v Bell

Answer 1

Inherent difficulty in setting minimum term because there is a statutory floor but there isn’t a statutory celing

Question 2

ss104(a)- Case

Answer 2

R v Lundy: Killed daughter in order to concealed evidence, therefore sentence increased to 17 years.

Question 3

ss104: Kumar

Answer 3

Any of these categories plus “all other exceptional circumstances” KUMAR

Question 4

Apppach to “manifestly unjust”

Answer 4

Rapira- “clearly demonstrated injustice”

Question 5

R v Williams (17 years MPI)

Answer 5

“Specific minimum term would not be departed from lightly” and at judges discretion.

Question 6

Examples of Manifesty unjust.

Answer 6

1. Remorse (Cambell)

2. Early guilty plea (Harrison).

Question 7

Strike 1:

Answer 7

Warning. Normal offence normal parole.

Question 8

Strike 2:

Answer 8

Full term of imprisonment with no parole.

Question 9

Strike 3:

Answer 9

Must serve maximum term with of imprisonment for the offence.

Question 10

R v Palalagi

Answer 10

“Parole is a privilege not a right”

Question 11

R v Harrison: ss86 commentary.

Answer 11

[98]- ss86a-i provides for a regime that is vastly different to usual sentencing practice and entails far more extreme outcomes..

Question 12

R v Ratima

Manifestly unjust: Three strikes

Answer 12

Received a penalty from three strikes that was much harsher, difference in sentence was ‘grossly disproportionate, but this does not mean sentence is manifestly unjust.