Zocchi v The Queen [2000] FCA 1163

FEDERAL COURT OF AUSTRALIA

Zocchi v The Queen [2000] FCA 1163

CRIMINAL LAW – sentence – totality principle applied to unexpired balance of previous sentences and non-parole period – importance of fully detailed evidence re prior sentences not fully served. PRACTICE AND PROCEDURE – extension of time for appeal – discretion – practice as regards evidence of portions unserved of prior sentences required to be taken into account upon imposition of a fresh sentence under the totality principle.

Crimes Act 1900 (ACT), s 443 Crimes (Amendment) Act (No 2) 1993 (ACT) McDonald v The Queen (1994) 48 FCR 555, followed Mill v The Queen (1988) 166 CLR 59, applied Jess v Scott (1986) 12 FCR 187, applied R v Hillsley (1992) 34 FCR 148, distinguished ISIDORO ZOCCHI v THE QUEEN AG 9 of 1997 BURCHETT, HIGGINS AND WEINBERG JJ CANBERRA 18 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA AG 9 of 1997

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: ISIDORO ZOCCHI

Applicant

AND: THE QUEEN

Respondent

JUDGES: BURCHETT, HIGGINS AND WEINBERG JJ

DATE OF ORDER: 18 AUGUST 2000

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. Time be extended to enable the applicant to appeal against the severity of the sentences imposed on him;

2. The appeal be heard instanter; be allowed; and the sentences imposed be varied to the extent that the concurrent sentences of imprisonment for four years and two years be ordered to commence two years before the expiry of the sentences previously imposed which were being served at the date of the imposition of the sentences the subject of the appeal, so that the first two years shall be concurrent with those sentences; and further the non-parole period specified below be varied so as to expire on 21 June 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.