The Queen v Arthur John Prindable [1979] FCA 24

a4) 19

CATCHWORDS

Criminal Law - Sentence - Imprisonment - Parole - Period during which prisoner not eligible for parole - Suspension of sentence - Review of decision to suspend

sentence - Principles - Parole of Prisoners Ordinance

1976 (N.T.).

The Queen v. Arthur John Prindable

No. NTG 16 of 1978

Coram : Brennan, Gallop and Lochheart JJ.

Date : 9 March 1979.

Brisbane.

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY No. NTG 16 of 1978

DISTRICT REGISTRY

eS

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY

BETWEEN : THE QUEEN Appellant AND : ARTHUR JOHN PRINDABLE Respondent

CORAM : BRENNAN, GALLOP AND LOCKHART JJ.

9th day of March, 1979.

THE COURT

These are appeals against sentences imposed in the Supreme Court of the Northern Territory following the conviction of the respondent on four charges of shooting at police officers with intent to resist or prevent his lawful apprehension.

When the jury returned its verdict, Mr. Justice Muirhead heard submissions on sentence and remanded the respondent in custody in order that his Honour might obtain the benefit of a pre-sentence report and a report on the respondent's psychiatric condition, Nine days later no pre-sentence report had been obtained and no psychiatrist

had examined the respondent, It was then 21 December 1978.

The respondent asked the learned sentencing judge to deal with him without waiting for those reports, and his Honour acceded to that request.

On 22 December 1978 his Honour sentenced the respondent on each charge to four years' imprisonment, with a non-parole period of 18 months, and ordered that the sentences be served concurrently, and he further ordered that the sentences be suspended and that the respondent be "released on his giving security himself in the sum of $1,000 with one surety in the sum of $1,000 to be of good behaviour for three years",