Federal Court of Australia
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CATCHWORDS Criminal Law - Appeal from sentence - Accused served period of
imprisonment in another jurisdiction in between offence and trial
- Whether such period to be taken into account in sentencing.
Criminal Law - Appeal from sentence - Whether more than one
cumulative sentence may be imposed under Crimes Act 1914 5.19(2).
Criminal Law - Appeal from sentence - Sentencing considerations where other offences are taken into account under Crimes Act 1900
5.448,
Crimes Act 1914 (Cth) s.19. Crimes Act 1900 (N.S.W.) s.448.
Interpretation Ordinance 1937 (A.C.T.) s.7.
PATRICK ANTHONY MURRELL v THE QUEEN
No. ACT G91 of 1984.
- ale .
Bowen C.J3., Fox and Blackburn JJ. 4
6 February 1985 Canberra
IN THE FEDERAL COURT OF AUSTRALIA
) ) AUS 1 it, ITORY ) No. ACT G91 of 1984 ) DISTRICT STRY ) ) G DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE
USTRALIAN CAPITAL ITORY BETWEEN : PATRICK ANTHONY MURRELL Appellant AND: THE QUEEN Respondent (0) DE CORAM: Bowen C.J., Fox and Blackburn JJ. DATE OF QRDER: 6 February 1985 E 2 Canberra co {0} Ss :- 1. The sentence ordered by the trial judge on the first
count be set aside, and in lieu thereof the appellant be sentenced to six months imprisonment on the first count.
2. The sentence of eighteen months on the second count be
confirmed, to be served concurrently with the sentence
on the first count.
The sentence of two years on the third count be
confirmed, to be cumulative on the first two sentences. The non-parole period ordered by the trial judge be set
aside, and in lieu thereof the appellant serve a
non-parole period of eighteen months.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
No. ACT G91 of 1984
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN :
PATRICK ANTHONY MURRELL
Appellant AND: THE QUEEN Respondent CORAM: Bowen C.J., Fox and Blackburn JJ. DATE: 6 February 1985 REASONS FOR JUDGMENT BOWEN C.J. I agree with the orders proposed by Fox J. and with
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