Merritts' psychiatrist, Dr. Allnutt revealed whilst being interviewed that Merritts' depressive mood is a factor that led to the crime. This factor may come under the "social" factor. .
The Criminal Investigation Process.
At 8.00 am on 2 September 2001, the offender attended Parramatta Police Station and informed the probationary constable then on duty, "I've put [my kids] to sleep permanently . if you do not take me I'll walk out the door . don't leave me here or I'll walk out the door". Senior police, to whom he repeated that he had put his children to sleep, spoke him to. Merritt notably smelled of alcohol and he was taken into custody and seen by a legal aid solicitor. Consequently, he was charged with the offences. Having regard to s.24 of the Act, the sentences commenced on 2 September 2001, the day of arrest.
The statutory provisions applicable are as follows:-.
1.Section 19A of the Crimes Act 1900:-.
(1) A person who commits the crime of murder is liable to imprisonment for life.
(2) A person sentenced to imprisonment for life for the crime or murder is to serve that sentence for the term of the person's natural life.
2. Section 21 of the Crimes (Sentencing Procedure) Act 1999:.
(1) If by any provision of an Act an offender is made liable to imprisonment for life, a court may nevertheless impose a sentence of imprisonment for a specified term.
3.Section 61 of the same Act:.
(1) A court is to impose a sentence of imprisonment for life on a person who is convicted of murder if the court is satisfied that the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition of that sentence.
Craig Andrew Merritt on each of the three counts in the indictment was sentenced to life imprisonment to date from 2 September 2001, the date on which he went into custody.