Galliano v The Queen [2000] FCA 130

FEDERAL COURT OF AUSTRALIA

Galliano v The Queen [2000] FCA 130 PATRICIA ANNE GALLIANO v THE QUEEN A78 OF 1999 SPENDER, MILES and MATHEWS JJ 10 FEBRUARY 2000

CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A78 OF 1999

DISTRICT REGISTRY

On appeal from a single Judge of the Supreme Court of the Australian Capital Territory

BETWEEN: PATRICIA ANNE GALLIANO

Appellant

AND: THE QUEEN

Respondent

JUDGES SPENDER, MILES and MATHEWS JJ

DATE OF ORDER: 10 FEBRUARY 2000

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The sentences imposed by Gallop J on 22 September 1999 be varied by substituting 16 February 2004 for 16 February 2005 as the date for expiration of the non-parole period. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A78 OF 1999

DISTRICT REGISTRY

On appeal from a single Judge of the Supreme Court of the Australian Capital Territory

BETWEEN: PATRICIA ANNE GALLIANO

Appellant

AND: THE QUEEN

Respondent

JUDGES SPENDER, MILES and MATHEWS JJ

DATE: 10 FEBRUARY 2000

PLACE: CANBERRA

REASONS FOR JUDGMENT SPENDER J: 1 I agree with the order proposed by Mathews J for the reasons her Honour has given. In my opinion the reduction in the non‑parole period suggested by her Honour is consistent with the observation by Dr William Knox in the report to which Mathews J referred, where Dr Knox said: "She does have the potential to regain control of her life and use her considerable intelligence to construct an appropriate structure for her life". 2 The order of the Court is that the appeal be allowed and the sentence imposed by Gallop J on 22 September 1999 be varied by substituting 16 February 2004 for 16 February 2005. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender .