Federal Court of Australia
CATCITVWORDS
Criminal law — Appeal by the Crown against adequacy of sentence -— Principles upon which appellate court will intervene to alter trial judge's sentemce ~- Considerations
relevant to the imposition of sentence.
Procedure at trial - Irregularity - Plea of guilty to two counts —- Re-arraignment on first count after trial had commenced ~— Change of plea on farst count to guilty —" Leave to enter nolle prosequi on second count -— Whether accused in the charge of the jury - Oral leave to arraign
on substituted second count - Appropriateness or otherwise of
filing a nollie prosequi in relation to the original second
count ~ Whether authoraty to decline to prosecute available,
R. v. HALL
NO, NTG 11 of 1979
"Date Entered: 29th Tune 1979 _
° ! IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY OF AUSTRALIA
DISTRICT REGISTRY : No. NIG 11 of 1979
GENERAL DIVISION , — | es
BEIWEEN: THE QUEEN
—
(Appellant)
: AND
a
oo
PHILLIP GRAHAM HALL (Respondent) ORDER JUDGES MAKING ORDER: Toohey, Gallop & Lockhart J.J. DATE OF ORDER: 28 June 1979 .
WHERE MADE: Darwin
ae
THE COURT ORDERS THAT: ".
41. The appeal against the sentence imvosed by the Supreme Court : of the Northern Territory of 4ustralia upon the respondent's
being convicted of unlawfully and maliciously setting fire to a building contrary to section 86 of the Criminal Law Consolidation Act and Ordinance be allowed and that in substitution for the said sentence the respondent be imprisoned for a period of four years and ten months wit
_& non~parole period of two years and six months.
2. The appeal against the sentence imposed by the Supreme Court
of the Northern Territory of Australia upon the respondent's being convicted of unlawful and malicious damage by nignt
contrary to section 129 of the Criminal Law Consolidation
Act be adjovrned sine die.
Peeters)
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