Federal Court of Australia
\Ow
CATCHWORDS
Customs Act - import and possession of prohibited drug - whether minimum non-parole period duly proportioned to head sente.uce and entitlement to remission - purpose of release on parole ~ severity of sentence - weight given to time spent in custody -
imposition of cumulative sentences
Customs Act 1901 (Cth) ss. 233B, 233B(i)(b), 233B(1)(oa)
Commonwealth Prisoners Act 1967 (Cth) ss. 3(2), 4(1i)(a), 5, 19
Criminal Law and Procedure Act (N.T.) s.56
Parole of Prisoners Act (N.T.) s.4(3)(a)
Prisons (Correctional Services) Act (N.T.) s.92
MICHAEL BARRY BAIN v. THE QUEEN
No. NT G21 of 1981
Muirhead, Toohey & Jenkinson JJ. Darwin
27 May 1983
IN THE FEDERAL COURT ) OF AUSTRALIA ) NORTHERN TERRITORY ) No. NT G21 of 1981 DISTRICT REGISTRY ) GENERAL DIVISION )
ON APPSAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY
S.C.C. Nos. 158-163 of 1981 BETWEEN
MICHAEL BARRY BAIN
Appellant and THE QUEEN Respondent ORDER JUDGES MAKING ORDER 3 Muirhead, Toohey &«& Jenkinson JJ. DATE OF ORDER : 27 May 1983 WHERE MADE : Darwin THE COURT ORDERS THAT: 1. The appeal be allowed by substituting for the
minimum non-parole period of 3% years fixed by the Supreme Court of the Northern Territory of Australia a period of 2% years and that
otherwise the appeal be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT R&G2STRY GENERAL DIVISION
No. NT G21 of 1981
ON APPEAL FROM THE SUPREME COURT OF THE NORTKERN TERRITORY S.C.C. Nos. 158-163 of 1981 BETWEEN
MICHAEL BARRY BAIN
Appellant and THE QUEEN
Respondent
CORAM: Muirhead, Toohey & Jenkinson JJ.
27 May 1983
THE COURT
REASONS FOR JUDGMENT
On 14 Sentember 1981 the appellant was convicted
of four offences under the provisions of the Customs Act
1901. The offences were these
(1) Being knowingly concerned
in the importation into Australia of
prohibited imports to which s.233B
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