The Queen v Bihun, Peter [1984] FCA 95

CATCHWORDS

CRIMINAL LAW - Crown appeal against sentence - armed robbery - sentences manifistly inadequate - whether disparity such that Court should interfere - factors

to be taken into account - regard to be had to subsequent

sentence of co-offender.

THE QUEEN -v- PETER BIHUN

(No. NTG 30 of 1983)

FORSTER, MCGREGOR & FITZGERALD JJ DARWIN 6 APRIL 1984

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TER. ITORY OF AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

) No. NTG 30 of 1983 )

ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY

BETWEEN:

THE QUEEN

Appellant

AND: PETER BINUN Respondent ORDER

JUDGES MAKING ORDER: FORSTER, MCGREGOR & FITZGORALD JJ WHERE MADE: DARWIN DATE OF ORDER: 6 APRIL 1984

THE COURT ORDERS THAT:

The appeal from the Supreme Court of the Northern Territory against the sentences imposed upon PETER BIHUN by the Honourable Mr Justice O'Leary on 9 September 1983 1n proceedings S.C.C. No. 76 of 1983 whereby the said PETER BIIUN pleaded guilty to and was convicted of two counts of armed robbery and whereby the said PETER BIHUN was sentenced on each count to be imprisoned with

hard labour for a term of 4 years, such sentences

2.

to be served concurrently, with a non-parole period in each case of 21 months and 1t was directed that the said PETER B1HUN be released after serving 15 months of each of those sentences upon his giving security by recognizance in the sum of $1,000.00 that he will be of good behaviour for a period of 3 years be allowed and that the sentences be set aside and that in lieu thereof

the said PETER BIHUN be sentenced in respect of each offence for a period of 6 years from

9 September 1983, such sentences to be served concurrently, with a non-parole period of

24 years from that date.

, eae

Wwled pom tliele

IN THE FEDERAL COURT OF AUSTRALIA )

NORTHERN TERRITORY OF AUSTRALIA )