shouting in the background. Although the shouts do not appear to have been directed at the offender, they disturbed his conversation with his mother, causing the offender to shout to the other inmate to "shut the fuck up". There followed a loud exchange of abuse between the offender and the inmate, with much bad language and aggression. The inmate repeatedly called the offender a "dirty dog" and threatened to "fuck [him] up". The offender returned the insults in similar vein. The inmate made no reference to the offender's crime.
73 Senior Counsel for the offender also provided some statistical material, MFIS 3, to which I shall return.
The Determination of Sentence
74 The Court's task is to consider all of the evidence in this matter, much of which I have just set out in summary form and, bearing in mind the maximum penalty and standard non-parole period ("SNPP") fixed by Parliament for the offence of murder, and noting the purposes of sentencing, determine the just and proper sentence to be imposed upon the offender. The offender's crime carries a maximum penalty of life imprisonment and, since his victim was a child under the age of 18 years, a SNPP of 25 years imprisonment applies.64 Section 3A of the Crimes (Sentencing Procedure) Act gives the purposes of sentence as being to ensure the offender's adequate punishment, to prevent crime by deterring the offender and others from similar offending, the protection of the community, the promotion of the offender's rehabilitation, to make him accountable for what he has done and to denounce his crime, and to recognise the harm done to Charlise and to the community.
75 In this matter, the Court must also have regard to the operation of s 61 of the Crimes (Sentencing Procedure) Act.
76 As noted, the offence of murder carries a maximum sentence of life imprisonment. Section 21(1) of the Crimes (Sentencing Procedure) Act provides, nevertheless, for a court to impose a specified term of imprisonment which is less than life imprisonment. Subject to s 21, s 61 of the Act provides for the mandatory imposition of a life penalty in certain circumstances. The section is in these terms:
