R v Meyboom [2001] FCA 861

FEDERAL COURT OF AUSTRALIA

R v Meyboom [2001] FCA 861

CRIMINAL LAW – crown appeal against leniency of sentence – appellate restraint – criminality revealed by "scheduled" offences to be fully taken into account – accumulation of sentences – circumstances in which drug addiction may be mitigating factor – validity in proper cases of rehabilitative approach by sentencer – limits to availability of such an approach. Crimes Act 1900 (ACT), ss 429A(1), 448.

R v Davey (1980) 50 FLR 57, referred to Everett v The Queen (1994) 181 CLR 295, referred to Veen v The Queen (No 2) (1988) 164 CLR 465, referred to R v Hebditch [1999] FCA 1087, referred to R v Lindsay [1995] FCA 706, referred to Postiglione v The Queen (1997) 189 CLR 295, cited Kelly v The Queen (1992) 33 FCR 536, cited R v Griggs [1999] FCA 1573, applied R v Blaskovic [1999] FCA 1306, applied Talbot v The Queen (1992) 34 FLR 100, considered Douglas v The Queen (1995) 56 FCR 465, referred to Ryan v The Queen (2001) 75 ALJR 815, referred to R v CRAIG PAUL MEYBOOM A75 of 2000 MILES, WHITLAM & MADGWICK JJ 10 JULY 2001 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A75 of 2000

ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE

AUSTRALIAN CAPITAL TERRITORY

BETWEEN: THE QUEEN

APPELLANT

AND: CRAIG PAUL MEYBOOM

RESPONDENT

JUDGE: MILES, WHITLAM & MADGWICK JJ

DATE OF ORDER: 10 JULY 2001

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The sentences imposed upon the respondent and the orders made by the Supreme Court of the Australian Capital Territory on 20 October 2000 be set aside and in lieu thereof the respondent be sentenced as follows: Count 1 - 2 years imprisonment Count 2 - 2 years imprisonment (concurrent with the sentence for count 1) Count 3 - 5 years imprisonment (to be cumulative upon the sentence for count 1) Count 4 - 4 years imprisonment (concurrent with the sentence for count 3) Count 5 - 2 years imprisonment (concurrent with the sentence for count 3) Count 6 - 4 years imprisonment (to commence 2 years after the commencement of the sentence for count 3) Count 7 - 12 months imprisonment (to commence 3 months and 3 years after the commencement of the sentence for count 6) Count 8 - 4 years imprisonment (concurrent with the sentence for count 6) Count 9 - 6 months imprisonment (to commence 9 months after the commencement of the sentence for count 7) 3. The sentence on the first count is to date from 20 October 2000. 4. A non-parole period of 4 years and 6 months be fixed also to date from 20 October 2000. 5. Execution of the judgment of this Court is remitted to the Supreme Court. 6. For the purposes of s 451 of the Crimes Act 1900 (ACT) the Sheriff or prison authority is to reckon the time spent by the respondent in custody in relation to the above offences prior to 20 October 2000.