Commonwealth Director of Public Prosecutions v Kenneth Palliser
[2019] VCC 584
•3 May 2019
IN THE COUNTY COURT OF VICTORIA
AT Melbourne
DIVISION
Revised
Not Restricted
Suitable for Publication
Case No. CR-12-01102 and CR-13-00250
Commonwealth DPP
v
Kenneth Palliser
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JUDGE:
Her Honour Judge Cannon
WHERE HELD:
Melbourne
DATE OF HEARING:
3 May 2019
DATE OF RULING:
3 May 2019
CASE MAY BE CITED AS:
Commonwealth DPP and Palliser Ruling No. 5
MEDIUM NEUTRAL CITATION:
[2019] VCC
REASONS FOR JUDGMENTSENTENCERULING
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Subject: CRIMINAL LAW
Catchwords: Ruling – Application to amend sentencing orders – Commonwealth and State charges
Legislation Cited: Sentencing Act 1991
Ruling: Application granted
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APPEARANCES:
Counsel
Solicitors
For the Commonwealth DPP
Mr D. Holding
Commonwealth DPP
For Kenneth Palliser
Ms C. Boston
Sharrock Pitman Legal Pty Ltd
HER HONOUR:
1. I am satisfied that the sentence that I have imposed in this matter contains a material miscalculation of figures, as it was my clear intention to impose upon Mr Palliser a TES of 6 years imprisonment in respect of all charges, both State and Commonwealth, with an eligibility for parole in 4 years from the date that he went into custody-so, factoring in the pre-sentence detention as at the date of sentence of 124 days. However, my directions in respect of cumulation in relation to the Commonwealth sentences and in respect of the non-parole period do not accurately reflect this. Therefore, pursuant to S104A Sentencing Act 1991 (Vic) I amend my sentence as follows:
2. The sentence on charge 2 (Commonwealth matter) is to commence 2 years 6 months before the expiration of the sentence on charge 1.
3. And in relation to the Commonwealth matters only, I impose a non-parole period of 3 years 6 months.
4. I vacate any remarks that I made in the course of sentencing Mr Palliser which do not clearly give effect to these amendments, and I make it clear that my intention is that Mr Palliser be eligible for parole on 6th May 2019 and that his head (or overall) sentence expire on 6th May 2021(factoring in pre-sentence detention).
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