Federal Court of Australia
|4 CATCHWORDS
Criminal Law - Appeal from sentence - Whether sentence excessive
- Considerations which apply in fixing non~-parole period.
Probation and Parole Act 1983 (N.S.W.)
Probation and Parole Requlation 1984 (N.S.W.)
ANDREW DAVID TREGONNING v THE QUEEN ACT G324 of 1984. CORAM: Bowen C.J., Fox and Blackburn JJ.
6 February 1985
Canberra
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. ACT G 324 of 1984 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:
ANDREW DAVID TREGONNING
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 five 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 two years.
IN THE FEDERAL COURT OF AUSTRALIA }
)
AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G 324 of 1984
ISTRICT REGISTRY )
)
)
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN : ANDREW DAVID TREGONNING
Appellant
Respondent
CORAM: Bowen C.J., Fox and Blackburn JJ.
DATE: 6 February 1985
REASONS FOR JUDGMENT BOWEN C.J. The appellant, Andrew David Tregonning, appeals from
a sentence and non-parole period imposed in the Supreme Court of
the Australian Capital Territory on a charge to which the
-
appellant pleaded guilty. The appellant was charged with one
Stephen Andrew McKenzie of robbing Christopher Byron Carter of
asum of cash and immediately afterwards using corporal violence upon hin. Mr. McKenzie also pleaded guilty but there is no
appeal by him before us.
The facts are that at about 2:30am on Friday, 9 December
1983, at a discotheque in Canberra City the two accused agreed
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