R v Hall [1979] FCA 84

IOGMENT

( ARCHWORDS ' snail Wennnnntint

Cen Te lleaahinabel

Criminal law - Appeal by the Crown against adequacy of . i . . sentence —- Principles upon which appellate court will

intervene to alter trial judge's sentence ~ 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 first 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 nolle prosequi in relation to the original second

count -— Whether authority to decline to prosecute available.

R. v. HALL

NO. NTG 11 of 1979

IN THE FEDERAL COURT OF AUSTRALIA

ores

quem =)

GENERAL DIVISION 7. BETWEEN: THE QUEEN - (Appellant) "AND: PHILLIP GRARAM HALL (Respondent) a ORDER

JUDGES MAKING ORDER: Toohey, Gallop & Lockhart J.J.

.-

DATE OF ORDER: 28 June 1979 ee WHERE MADE: Darwin THE COURT ORDERS THAT: . a

f°

1.: the appeal against the sentence imposed by the Supreme Court ~ / of the Northern Territory of australia upon the respondent's "being convicted of unlawfully and naliciously setting fire to . a butlaing contrary to section 86 of the Criminal Law Consolidation Act and Ordinance be allowed and that in substi tution for the said sentence the respondent be

imprisoned for a period of four years and ten months with _& non-parole pveriod 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 night

contrary to section 129 of the Criminal Law Consolidation

IN THE FEDERAL COURT OF AUSTRALIA )

NORTHERN TERRITORY DISTRICT REGISTRY ) No. NTG 11 of 1979