Members of the Sentence Administration Board of the Australian Capital Territory v Gomez [2002] FCAFC 261

FEDERAL COURT OF AUSTRALIA

Members of the Sentence Administration Board of the Australian Capital Territory v Gomez [2002] FCAFC 261

CRIMINAL LAW – sentencing – parole – whether sentence by order and direction for conditional release under s 556B(1)(b) of Crimes Act 1900 (ACT) deemed to revoke parole under s 22(2) of the Parole Act 1987 (ACT) – nature of sentence – whether sentence "suspended".

Parole Act 1976 (ACT), s 22, s 23 Rehabilitation of Offenders (Interim) Act 2001 (ACT), s 111 Crimes Act 1900 (ACT), s 360, s 403 Crimes Act 1914 (Cth)

Meehan v Lawrence (1974) 22 FLR 296 MEMBERS OF THE SENTENCE ADMINISTRATION BOARD OF THE AUSTRALIAN CAPITAL TERRITORY v JAVIER FRANCISCO GOMEZ A2 of 2002 MILES, O'LOUGHLIN and DOWSETT JJ 27 AUGUST 2002 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A2 OF 2002

DISTRICT REGISTRY

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: MEMBERS OF THE SENTENCE ADMINISTRATION BOARD OF THE AUSTRALIAN CAPITAL TERRITORY

APPELLANT

AND: JAVIER FRANCISCO GOMEZ

RESPONDENT

JUDGES: MILES, O'LOUGHLIN and DOWSETT JJ

DATE OF ORDER: 15 MAY 2002

DATE OF JUDGMENT: 27 AUGUST 2002

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal be allowed and the judgment of the Supreme Court be set aside. 2. The orders nisi for issue of writs of habeas corpus and certiorari be discharged and orders absolute be set aside. 3. The cause be remitted to the Supreme Court for execution of the judgment of the Court. 4. There be no order for the costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A2 OF 2002