Federal Court of Australia
CATCHWORDS
Criminal Law Consolidation Act s.178 (1) (N.T.) - Break, enter and steal - Appeal against severity of sentence - previous good
character - deterrent aspect of imprisonment. Criminal Law (Conditional Release of Offenders) Act.
Federal Court of Australia Act
On Appeal from Supreme Court of the Northern Territory
NTG 37 & 38 of 1980
R. v. James HAY and Kenneth John WELLS
Coram : Muirhead J. Keely J. Fisher J.
Judgment delivered 2nd June 1981
Darwin
IN THE FEDERAL COURT OF AUSTRALIA )
) NORTHERN TERRITORY DISTRICT REGISTRY ) Nos. 37 and 38 of 1980
) GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
Nos. SCC 549-551 of 1980
BETWEEN: JAMES HAY First Appellant (Defendant)
KENNETH JOHN WELLS
Second Appellant (Defendant)
AND: THE QUEEN
Respondent (Plaintiff)
Coram: MUIRHEAD, KEELY & FISHER Ju.
2 June 1981
REASONS FOR JUDGMENT
These appeals were heard together, the appellants in this court being represented by one counsel. They appeal against the severity of sentences imposed in the Supreme Court of the Northern Territory on the second day of
December 1980.
Both appellants pleaded guilty on the one indictment to a charge of breaking, entering and stealing, contrary to
the provisions of s.178(1) of the Criminal Law Consolidation
Act. This offence is punishable in the Territory upon
conviction by a maximum period of imprisonment of eight
years.
The particulars alleged against them were that on 15 September last at Berrimah they broke and entered the Berrimah Hotel where they stole a safe to the value of $200, and its contents, $8,017 in cash and $80 in cheques, the property of Berrimah Hotel/Motel Pty Limited. To these charges they pleaded guilty. Each was represented by counsel and full submissions were made on their behalf. Three other men were also before the court on charges relating to the offence, but save for the purpose of dealing briefly with the facts, there is no necessity to deal in detail with the part played by these other offenders. Following submissions his Honour the trial judge remanded the accused until the following day when sentences were imposed and
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