Crump v R [2016] NSWCCA 2

CRIMINAL LAW – sentence – applicant convicted of murder and sentenced to life imprisonment in 1974 – existing life sentence determined in 1997 under s 13A of Sentencing Act 1989 (NSW) as minimum term of 30 years imprisonment and additional term for remainder of applicant’s natural life – application for leave to appeal against that determination – whether determination of the minimum and additional term of life was excessive – whether appropriate to consider overall criminality of other offences for which offender sentenced, and to be punished, when determining sentence under s 13A – whether Court of Criminal Appeal’s power under Criminal Appeal Act 1912 (NSW), s 6(3) to re-determine sentence of an offender subject to a non-release recommendation restricted by Sch 1, cl 4(3) of Crimes (Sentencing Procedure) Act 1999 (NSW)