WILLIAM HENRY BLADRY V. THE QUEEN

JUDGMENT (ORAL)

WILLIAM HENRY BALDRY

THE QUEEN

GIBBS C.J. MURPHY J. WILSON J.

BRENNAN J.

WILLIAM HENRY BALDRY Vv.

THE QUEEN

The applicant, who was convicted of thirty-six counts of house-breaking, was sentenced to ten years imprisonment with hard labour on each count to be served concurrently. In addition, the trial judge made a declaration under s.659A of the Criminal Code of Queensland that he be an habitual eriminal. An application for leave to appeal against sentence was dismissed by the Court of Criminal Appeal and an application

for special leave to appeal is now made to this Court.

In support of the application it has been submitted to us correctly, that the effect of s.32(1)(b) and s.32(1A)

of the Offenders Probation and Parole Act, 1959 to 1974, of

the State of Queensland, and of s.53(1) and s.53(2)(b)(1i) of

the Offenders Probation and Parole Act, 1980, which have now

replaced the earlier provisions, is that the applicant must complete the term of his sentence of imprisonment before he becomes eligible for parole. It may, however, be assumed

that the sentence will be complete when the term, less any

period of remissions, has been completed. After completion of the sentence the applicant would not become eligible for release on parole until he had been detained for a further period of two years unless, in the meantime, the Court or a judge acting under s.659G of the Criminal Code recommended

his discharge and the Governor acted on the recommendation,

or the Governor in Council otherwise determined.

The learned presiding judge in the Court of Criminal Appeal referred to an argument advanced by the applicant in person as to the effect of regulations made under s.659I of

the Code upon which no reliance is now placed by Mr Derrington

who appeared before us for the applicant. The learned presiding judge did not refer to the effect of the Offenders