Hales v O’Neill [2000] NTSC 31
PARTIES:PETER WILLIAM HALES
v
SHANE ROBERT O’NEILL
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY exercising Territory jurisdiction
FILE NO:JA 21/00 JA22/00 (9928774 & 20004246)
DELIVERED: 22 May 2000
HEARING DATES: 12 May 2000
JUDGMENT OF: THOMAS J
CATCHWORDS:
APPEAL – APPEAL AGAINST SENTENCE
Appeal from Court of Summary Jurisdiction – sentenced respondent to six months imprisonment – suspended after three months – appeal – on grounds that manifestly inadequate and failure to take into account period in custody for breach of bail – basis of appeal is that Magistrate’s sentencing discretion miscarried – took into account subjective features – inadequacy of the sentence is apparent or plain – appeal allowed
Sentencing Act1995 (NT), s 40 (1), (2) and (6), s 43
Thompson v Mamarika Supreme Court of the Northern Territory Martin CJ unreported 23 December 1993; Leaney v Bell (1992) 108 FLR 360; R v Mulholland (1991) 1 NTLR 1; Lade v Mamarika (1986) 83 FLR 312; Blackman v Police Supreme Court of South Australia Bleby J unreported 1 6 March 1998; R v Henry (1999) 46 NSWLR 346; Everett v The Queen (1994) 181 CLR 295, referred to.
Gokel v Silverthorne Supreme Court of the Northern Territory Martin CJ unreported 14 April 2000, considered.
R v Tait (1979) 24 ALR 473, applied.
REPRESENTATION:
Counsel:
Appellant:I Rowbottam
Respondent: D Conidi
Solicitors:
Appellant:Office of the Director of Public Prosecutions
Respondent: Northern Territory Legal Aid Commission
Judgment category classification: C
Judgment ID Number: tho20009
Number of pages: 18
IN SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINHales v O’Neill [2000] NTSC 31
JA22/00 (9928774 & 20004246)
BETWEEN:
PETER WILLIAM HALES
Appellant
AND:
SHANE ROBERT O’NEILL
Respondent
CORAM: THOMAS J
REASONS FOR JUDGMENT
(Delivered 22 May 2000)
[1] This is an appeal from a decision of Mr Loadman SM who on 31 March 2000 sentenced the respondent to a total period of six months imprisonment backdated to 25 February 2000. The sentence of six months imprisonment was suspended after the respondent had served three months and his Worship specified a period of two years during which the offender was not to commit an offence punishable by imprisonment if the offender was to avoid being sentenced to serve the balance of the three months imprisonment.
[2]The appeal by the Crown is on the following grounds:
(1)that the sentence was manifestly inadequate.
(2)that there was a failure to properly take into account period in custody for breach of bail.
[3]A third ground of appeal – that the learned stipendiary magistrate failed to comply with s 52 of the Sentencing Act 1995 (NT) was withdrawn on the day of the hearing of the appeal.
[4]A schedule of the actual charges was usefully prepared by counsel for the appellant as part of the Crown’s written summary of submissions on behalf of the appellant. I reproduce that schedule hereunder:
“File 9928774
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