IN v The Queen [2002] FCAFC 135

FEDERAL COURT OF AUSTRALIA

IN v The Queen [2002] FCAFC 135

CRIMINAL APPEAL – appeal against penalty – whether the sentence imposed by the learned trial judge was manifestly excessive Crimes Act 1900 (ACT) s 403 House v The King (1936) 55 CLR 499 applied R v Tait (1979) 46 FLR 386 applied Lowndes v R (1999) 195 CLR 665 applied Dinsdale v The Queen (2000) 202 CLR 321 applied The Queen v Davey (1980) 50 FLR 57 cited Parnis v The Queen (1993) 49 FCR 304 followed R v Letteri (Gleeson CJ, Sheller JA and Badgery-Parker J, New South Wales Court of Criminal Appeal, 18 March 1992, unreported) cited R v Mooney (Young CJ, Lush and Jenkinson JJ, Victorian Court of Criminal Appeal, 21 June 1978, unreported) cited Webb v O'Sullivan [1952] SASR 65 referred to McDonald v The Queen (1994) 48 FCR 555 referred to IN v THE QUEEN A 68 of 2001 SPENDER, O'LOUGHLIN AND DOWSETT JJ 17 MAY 2002 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORYDISTRICT REGISTRY A 68 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: IN

APPELLANT

AND: THE QUEEN

RESPONDENT

JUDGES: SPENDER, O'LOUGHLIN AND DOWSETT JJ

DATE OF ORDER: 14 MAY 2002

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The head sentences of six years and three years (to be served concurrently) be confirmed, each of them to date from 27 February 2001; 3. The non-parole period of eighteen calendar months be set aside; 4. In lieu thereof, pursuant to s 403 of the Crimes Act 1900 (ACT), that the said concurrent sentences of imprisonment be suspended from, and that the appellant be released on, Friday 17 May 2002, conditional upon him giving security in the sum of $1000 self to the satisfaction of the Registrar on the following conditions: (1) That he will be of good behaviour until 26 February 2007; and (2) That he be under the supervision of the Director of Adult Corrective Services, or his nominee, for a period of eighteen calendar months from 17 May 2002, and that he comply with all reasonable directions of the Director, or his nominee, during that period, including any directions as to medical treatment. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.