Director of Corrective Services v Nguyen

The Director of Corrective Services sought judicial review of a District Court judge's sentencing decision concerning Mr. Nguyen. Mr. Nguyen had pleaded guilty to two separate offences, for which he received two distinct sentences of imprisonment. The core of the dispute revolved around when the parole ineligibility period for the second sentence should commence, specifically whether it could commence prior to the imposition of that sentence. The matter was heard by the Full Court of the Supreme Court of Tasmania.

The central legal issue before the Full Court was the interpretation of section 42(2) of the *Corrections Act 1997* (Tas) in the context of cumulative sentences. This required the Court to determine whether the parole ineligibility period for a second or subsequent sentence of imprisonment could lawfully commence before the imposition of that sentence, particularly when the first sentence was still being served. The Court also had to consider the interplay between the statutory provisions governing parole ineligibility and the common law principles of sentencing.

The Full Court held that the parole ineligibility period for a second or subsequent sentence of imprisonment, as stipulated by section 42(2) of the *Corrections Act 1997* (Tas), could not commence prior to the imposition of that sentence. The Court reasoned that the statutory language indicated that the period of ineligibility was tied to the imposition of the sentence itself. To allow the commencement of the ineligibility period before the sentence was imposed would be inconsistent with the legislative intent and the fundamental principles of sentencing, which require sentences to be imposed and then served. The Court found that the District Court judge had erred in ordering that the parole ineligibility period for the second sentence commence prior to its imposition.

The Full Court made orders quashing the original sentencing orders and remitted the matter back to the District Court for resentencing in accordance with the Court's judgment.