Federal Court of Australia
CATCHWORDS
CRIMINAL LAW - Crown appeal against sentence - armed robbery - suspended sentence - rehabilitation in community interest -
disparity of sentences for co-offenders - desirability of Crown
making submissions to sentencing judge.
THE QUEEN v SONNY ELEAZAR MOLINA
No. NTG 14 of 1984
Woodward, Neaves and Beaumont JJ. 24 August 1984 Darwin
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY No. NTG 14 of 1984 DISTRICT REGISTRY
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GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF
THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN:
THE QUEEN Appellant and SONNY ELEAZAR MOLINA Respondent
JUDGES MAKING ORDER : Woodward, Neaves and Beaumont JJ. DATE OF ORDER : 24 August 1984
WHERE MADE : Darwin
THE COURT ORDERS THAT:
The appeal be dismissed,
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY No. NTG 14 of 1984
DISTRICT REGISTRY
ee ee
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF
THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN:
THE QUEEN Appellant and SONNY ELEAZAR MOLINA Respondent
JUDGES: Woodward, Neaves and Beaumont JJ.
DATE: 24 August 1984
REASONS FOR JUDGMENT
THE COURT
This is an appeal by the Crown against the sentence imposed by Muirhead J. on one of two young men who were involved in an armed robbery. The grounds of appeal are that the sentence was manifestly inadequate and failed to give due weight to
considerations of retribution, deterrence and parity of
sentencing.
It is clear that this Court is required to apply to the appeal the same well-established principles which are observed when a convicted person appeals against sentence.
See R v Tait and Bartley (1979) 24 ALR 473 at 476-7.
The sentence imposed by his Honour was one of 5 years imprisonment with hard labour, suspended forthwith on the respondent entering into his own recognizance in the sum of $1000 to be of good behaviour for 3 years. The conditions of the bond were centred around submission to a rehabilitation programme, including medical and psychiatric treatment, at Banyan House "an institution which has had some success in treating people with long standing drug problems in this
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