Federal Court of Australia
CATCHWORDS
Appeals by Crown against sentence - Appeal by one respondent against forfeiture order - Conspiracy charges - Whether Miscarriage of trial judge's discretion in determining
penalties
Fisheries Act, ss. 8A(1)(d), 13(d), 48 Criminal Law and Procedure Act, ss. 36(2), 53(1)
Criminal Law Consolidation Act, s.51l
THE QUEEN v_JACK HARRY NOBLE No. N.T.G. 28 0
THE QUEFN v DONALD EDGAR IHOAR No. N.T.G. 29 of 1980
DONALD EDGAR HOAR v_ THE QUEEN No. N.T.G. 30 of 1980
Coram: Fox, Muirhead and McGregor JJ.
Darwin
!O March 1981
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
No. N.T G. 28 of 1980 No. N.T.G. 29 of 1980
ON APPEAL FROM THE SUPREME COURT 0. OR ITORY OF AUSTRALIA
BETWEEN - THE QUEEN
Appellant - and -
DONALD EDGAR HOAR and JACK HARRY NOBLE
Respondents
No. N.T.G. 30 of 1980
BETWEEN : DONALD EDGAR HOAR
Appellant - and - THE QUEEN Respondent
ORDER
JUDGES MAKING ORDER. Fox, Muirhead and McGregor JJ.
DATE OF ORDER: 10 March, 1981
WHERE MADE: Darwin
In Matters No. N.T.G. 28 of 1980 and No. N.T.G, 29 of 1980 and No. N.T.G. 30 of 1980
The Court orders that the appeals be allowed.
(1) The Court's order in matter No. N.T.G. 28 of 1980 is that the appeal be allowed, the sentence of the Supreme Court be set aside and the respondent, Donald Edgar Hoar be imprisoned with hard labour for 14 calendar months.
The court directs that he will not be eligible for parole until he has served 6 calendar months of that sentence.
No order as to costs.
(2) The Court's order in matter No. N.T.G. 29 of 1980 is that the appeal be allowed, the sentence of the Supreme Court be set aside and the respondent, Jack Harry Noble be imprisoned with hard labour for 12 calendar months.
The court directs that he will not be eligible for parole until he has served 5 calendar months of that sentence.
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