Carbon, Leslie Raymond v The Queen [1984] FCA 93

Criminal law - manslaughter - appeal against severity of sentence both as to head sentence and non-parole period - principles applying to appeais against sentence - appeal

dismissed.

Criminal Law (Conditional Release of Offenders) Act Parolé of Prisoners' Act ae Oueen v. Tait (1979) 46 FLR 386

v. Prindable (1979) 23 ALR 665

hans v. R. (1978) 20 ALR Anderson v. R. (1978) 19 ALR

R. v. Eckhardt (1271) 1 SASR 347

LESLIc RAYMOND CARBON v. THE QUEEN

No. NTG 32 of 1983

MUIRHEAD, TOOZEY & McGREGOR JJ. DARWIN

13 APRIL 1984

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY or AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. NTG 32 of 1983

weevevevuLy

ON APPEAL from the Supreme Court of the Northern Territory of Australia

LESLIE RAYMOND CARBON

Appellant and THE QUEEN Respondent ORDER JUDGES MAKING ORDER : Muirhead, Toohey & McGregor JJ. DATE OF ORDER : 13 Avril 1984 WHERE MADE : Darwin

THE COURT ORDERS THAT:

1. The appeal be dismissed.

IN THE FEDERAL COURT) QF AUSTRALIA ) NORTHERN TERRITORY ) OF AUSTRALIA ) No. NTG 32 of 1983 DISTRICT REGISTRY ) GENERAL DIVISION )

ON APPEAL from the Supreme Court of the Northern Territory of Australia

BETWEEN :

LESLIE RAYMOND CARBON

Appellant AND: THE QUEEN

Respondent

CORAM: Muirhead, Toohey & McGregor JJ.

13 April 1984

REASONS FOR JUDGMENT

THE COURT

The appellant was indicted on a charge of murdering Karl John Smith on 25 April 1983 at Bartalumba Bay, Groote Eylandt.

The trial began in the Supreme Court of the Northern Territory on 28 September, the appellant having pleaded not guilty to the charge against him. On the third day of the trial, when it would seem that the Crown's case had been nearly completed, the appellant was rearraigned and pleaded guilty to manslaughter. The Crown was prepared to accept