Geiger v The Queen [2001] FCA 475

FEDERAL COURT OF AUSTRALIA

Geiger v The Queen [2001] FCA 475

SENTENCING - appeal against severity – disparity of sentence with co-offender – whether sufficient to give rise to justified sense of grievance. SENTENCING – appeal against severity – plea of guilty – whether taken into account – whether given sufficient weight – whether discount for plea should be specified. SENTENCING – time spent in custody prior to sentence – section 451 Crimes Act 1900 (ACT) – whether to be "reckoned" at time of sentence or after.

Crimes Act 1900 (ACT) Crimes (Amendment) Bill (No 2) 1993 (ACT) Commonwealth Prisoners Act (Report No 43, 1988, AGPS, Canberra) Penalties & Sentences Act 1992 (Qld)

The Queen v Lowe (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 R v Carberry [2000] ACTSC 60 R v Fernando (1992) 76 A Crim R 58 Keen v R [2000] FCA 940 R v Holder; R v Johnston [1983] 3 NSWLR 245 Carrion (1993) 69 A Crim R 230 R v Wishart & Jenkins [1994] 2 Qd R 421 Short v R (unreported, Federal Court of Australia, 13 May 1994) Antonovic v R (unreported, Federal Court of Australia, 20 June 1995) On appeal from the Supreme Court of the ACT HANK STEPHEN GEIGER v THE QUEEN A98 OF 1999 BEAUMONT ACJ, MILES and GYLES JJ CANBERRA 27 April 2001

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A98 OF 1999

DISTRICT REGISTRY

ON APPEAL FROM THE SUPREME COURT OF THE

AUSTRALIAN CAPITAL TERRITORY

BETWEEN: HANK STEPHEN GEIGER

APPELLANT

AND: THE QUEEN

RESPONDENT

JUDGES: BEAUMONT ACJ, MILES and GYLES JJ

DATE OF ORDER: 27 APRIL 2001

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal be allowed in part. 2. So much of the sentence that fixed a non-parole period of two years be set aside and in its place a non-parole period be fixed to expire on 23 July 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.