Federal Court of Australia
Criminal law - manslaughter - Crown appeal against sentence - cross appeal by respondent prisoner - nealigent use of firearm - respondent sentenced to term of imprisonment - whether adequate - whether excessive - direction for release of respondent on good
behaviour bond at expiration of non-parole period - whether
authorized by statute - appropriateness of conditional release
Criminal Code Act $.167 Criminal Law (Conditional Release of Offenders) Act s.5 Parole of Prisoners Act s.4
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
THE QUEEN v. ERNEST GERALD BRUSCH and
ERNEST GERALD BRUSCH v. THE QUEEN
TOOHEY, BEAUMONT & WILCOX JJ. PERTH
24 APRIL 1986 '
si
IN THE FEDERAL COURT
OF AUSTRALIA NORTHERN TERRITORY
OF AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. NT G3l of 1985 No. NT G32 of 1985
~~ ewe ~~ OW
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN :
THE QUEEN Appellant
and
ERNEST GERALD BRUSCH
Respondent AND BETWEEN: ERNEST GERALD BRUSCH Appellant and THE QUEEN Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER: Toohey, Beaumont and Wilcox JJ.
DATE OF ORDER: 24 April 1986 WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The sentence imposed by the Supreme Court of the Northern
Territory be varied by deleting the direction that
respondent be released, after serving the non-parole period,
upon his entering into a bond of $2,000 in his
recognizance to be of good behaviour for three years.
2. Otherwise the appeal and crass appeal be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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TU THE FRDEFSL Court we AUSTRALIA QWATHEFI TRRRLTOE Y WP AUSTRALIA CISTRICT REGISTRY GENERAL DIVISION
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