Channon v The Queen

Case [1978] FCA 16


CATCHWORDS

Criminal law - Appeal on sentence - Persons jointly

charged - Parity of sentences

- Non-parole period,

slgnlflcance of length of - Crown allegatlons -

Agreement between prosecutor

and defendant as to facts

-

Duty to provide analysis

of evldence relating to each

offender -

Separate representatlon of persons jointly

charged

BRIAN DENNIS LOVELOCK v. THE QUEEN

No. F.C.

26

of 1977

Coram :

Brennan, Deane, McGregor JJ.

Canberra

22nd March,

1978

.

r

1.

r

5 .

7 .

S

.

I

c e r l l f y t h a t

t h l s

and t h e flf9/Ng

p r e c e d i n g pages

are a t r u e copy

or t h e

Reasons

f o r Judgmen t

he re ln

of

hls

Honour Mr. J u s t l c e &?g~iu&u,

f

I N THE FEDERAL COURT OF AUSTRALIA

)

1

AUSTRALIAN CAPITAL TERRITORY

)

No. P.C. 26 of 1977

1

DISTRICT REGISTRY

1 1

GENERAL DIVISION

)

ON APPEAL FROM THE SUF’EME COURT

OF ‘THE AUSTRALIAN CAPITAL TERRITORY

BEThEEN:

BRIAN DENNIS LOVELOCK

Appel lan t

AND

THE QUEEN

-

Respondent

CORAM :

Brennan, Deane and

McGregor JJ.

REASONS

FOR

JUDGMENT

DEANE J:

The re levant facts a r e set o u t i n the

judgment of

Brennan J., which I have

had

the

advantage

of reading .

I ag ree ,

for t h e reasons which he

gives , with

Brennan

J’s conclus ion

t h a t t h e

sentence

of

two

years impr isonment which the l earned

Judge

a t first

ins t ance imposed i n

respect

o f t he o f f ence

of

b r e a k i n g , e n t e r i n g a n d s t e a l i n g t o w h i c h t h e a p p e l l a n t h a d

p l e a d e d g u i l t y

was,

i n a l l t h e

circumstances,

n e i t h e r a f f e c t e d

by error j u s t l f i e d i n i n t e r f e r i n g w i t h

nor i nappropr i a t e and t ha t t h l s Cour t wou ld

no t

be

it.

-2-

I

have

found the

ques

t

ion

whether

the

l

earned

Judge

was

i n e r r o r i n f i x i n g

a

non-parole per iod of

one year

an

e x t r e m e l y

d i f f l c u l t

o n e .

C l e a r l y ,

t h e r…

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AGLC
Channon v The Queen [1978] FCA 16
Case
[1978] FCA 16
Decision Date

CaseChat Overview and Summary

Brian Dennis Lovelock appealed against his sentence to the Federal Court of Australia. Lovelock was convicted of three offences: breaking and entering and stealing, stealing a motor truck, and malicious injury at night. The trial judge sentenced Lovelock to a total of two years imprisonment, with a non-parole period of one year. The appeal focused on the severity of the sentence, particularly the non-parole period. The court considered various factors in sentencing, including the nature of the offences, the appellant's background, and the principle of parity in sentencing co-accused individuals. The court held that while the sentence was within the trial judge's discretion, the non-parole period was affected by error and should be reduced. The court ordered that the non-parole period be reduced to nine months.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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