Paivinen, A.K. v. The Queen [1985] FCA 11

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- 2. ~ " ,

CATCHWORDS

I fs -

Criminal Law - Appeal from sentence - Considerations\ i

.

non-parole period in A.C.T. - Whether entitlement to uction

=

non-parole period under New South Wales legislation to be taken

into account.

Removal of Prisoners (Australian Capital Territory) Act 1968 5.5

Parole Ordinance 1976 (A.C.T.) 5.7 Probation and Parole Act 1983 (N.S.W.) s.19, 5.25

Probation and Parole Requlation 1984 (N.S.W.) reg.18

AUVO KALEUI PAIVINEN v THE QUEEN

ACT G33 of 1984

Bowen C.J., Fox and Blackburn JJ.

6 February 1985

Canberra

IN_THE FEDERAL COURT OF AUSTRALIA } ) AUSTRALIAN CAPITAL RITORY ) ) No. A.C.T. G33 of 1984 DISTRICT REGISTRY ) ) GENERAL DIVISION )

ON _ APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: AUVO KALEVI_ PAIVINEN Appellant AND: THE QUEEN Respondent

ORDER CORAM: Bowen C.J., Fox and Blackburn JJ. DATE OF ORDER: 6 February 1985 WHERE MADE: Canberra THE COURT ORDERS THAT: - 1. The sentence of twelve years imprisonment be confirmed. 2. The non-parole period ordered by the trial judge be set

aside and in lieu thereof the appellant serve a

non-parole period of five years and six months.

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

) ) ) ) No. A.C.T. G33 of 1984 ) ) GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN :

AUVO KALEVI PAIVINEN

Appellant AND:

THE QUEEN Respondent

CORAM: Bowen C.J., Fox and Blackburn JJ.

DATE: 6 February 1985

REASONS FOR JUDGMENT

BOWEN C.J. This is an appeal from sentences imposed on Auvo Kalevi Paivinen in the Supreme Court of the Australian Capital Territory on two charges. The first charge was that Mr. Paivinen on 24 November 1983 did wound Mikko Amos Isakka with intent to murder him. The second charge was that Mr. Paivinen maliciously did wound Auvo Kullervo Mustonen with intent thereby to do him