Federal Court of Australia
blb
CATCHWORDS
Criminal law - appeal against inadequacy of sentence - respondent convicted of kidnapping, two charges of using offensive weapons with intent to prevent lawful apprehension and six charges of wilfully and unlawfully damaging Commonwealth property - overall period of four years' imprisonment considered too low - period increased to eight years - non-parole period of one year
increased to three years.
Crimes Act 1900 (N.S.W.) in its application to the Australian Capital Territory, ss. 33B and 390A
Crimes Act 1914, 5. 29
THE QUEEN v. ALLAN CHRISTOPHER WARD A.C.T. G46 of 1985
Coram: Sheppard, Neaves and Miles JJ. Date : 13 December 1985
Place: Canberra
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
JUDGES MAKING ORDER
No. A.C.T. G46 of 1985
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN : THE QUEEN Appeliant
ALLAN CHRISTOPHER WARD
Respondent
MINUTES OF ORDER
Sheppard, Neaves and Miles JJ.
DATE OF ORDER
WHERE MADE
13 December 1985
Canberra
THE COURT ORDERS THAT:
1.
2.
The appeal be allowed.
The sentences imposed and the orders made by the Supreme Court of the Australian Capital Territory onl July 1985, except so far as the same are hereinafter confirmed, be set aside.
In respect of each of the two charges under s. 33B of the Crimes Act 1900 (N.S.W.) in its application to the Australian Capital Territory, the respondent be sentenced to periods of
imprisonment of four years.
The sentence of four years' imprisonment imposed upon the
respondent by the Supreme Court of the Australian Capital
2. Territory in respect of a charge under s. 90A of the Crimes Act 1900 (N.S.W.) in its application to the Australian Capital Territory be confirmed.
5. The sentences of twelve months' imprisonment imposed upon the respondent by the Supreme Court of the Australian Capital Territory in respect of each of six charges under 5s. 29 of the Crimes Act 1914 (Cth) be confirmed.
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