Massey v The Queen [2001] FCA 1703

FEDERAL COURT OF AUSTRALIA

Massey v The Queen [2001] FCA 1703 CRIMINAL LAW – sentence – appeal against severity of sentence – plea of not guilty – conduct of trial – lying on oath – whether wrongly taken into account for purpose of sentence - Crimes Act 1900 (ACT), s 429B. CRIMINAL LAW – sentence – non-parole period – conviction and prison sentence for more than one offence – whether non-parole period to be fixed in respect of each sentence – whether non-parole period may be fixed before sentences for all offences have been pronounced. CRIMINAL LAW – sentence – time spent in custody awaiting trial and sentence – Crimes Act 1900 (ACT), s 451 – whether "reckoning" of time spent to be carried out at time of sentence or after -–need for reliable information to be available to sentencing judge. CRIMINAL LAW – sentence – offender already serving term of imprisonment – multiple terms of imprisonment – dates of expiry of current term and current non-parole periods to be taken into account – need for reliable information to be available to sentencing judge. CRIMINAL LAW – sentence – youthful offender with serious criminal history – need to avoid crushing sentence – principle of totality. CRIMINAL LAW – sentence – appeal against sentence – court informed of conviction of further offence – desirability of remitting to Supreme Court for re-sentencing for all offences.

Crimes Act 1900 (ACT), ss 429A, 429B, 443, 446, 451 Parole Act 1976 (ACT), ss 7, 8, 22, 23, 24 Sentencing Act 1991 (Vic), ss 5, 18, 35

Keen v The Queen [2000] FCA 940, cited Geiger v The Queen [2001] FCA 475, affirmed R v Holder [1983] 3 NSWLR 245, cited DPP v Ibrahimoff [2001] VSCA 46, cited MATTHEW JAMES MASSEY v THE QUEEN A3 of 2001 MILES, O'LOUGHLIN and MADGWICK JJ 7 DECEMBER 2001 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA