In v The Queen

Case

[2002] FCAFC 135

14 MAY 2002


Details
AGLC Case Decision Date
In v The Queen [2002] FCAFC 135 [2002] FCAFC 135 14 MAY 2002

CaseChat Overview and Summary

The appeal was brought by the appellant against the sentencing order of the ACT Supreme Court. The appellant had been convicted of various criminal offences and was sentenced to concurrent terms of imprisonment of six years and three years, with a non-parole period of eighteen calendar months. The appellant appealed the sentence, arguing that the non-parole period was excessive and that the sentences should be suspended. The central issue before the court was whether the non-parole period imposed was excessive and whether the sentences should be suspended in favour of conditional release. The court found that the non-parole period was indeed excessive and that the sentences should be suspended in favour of conditional release. The court held that the imposition of a non-parole period of eighteen calendar months was excessive given the nature and circumstances of the offences and the appellant's background. The court also held that the sentences should be suspended in favour of conditional release, pursuant to section 403 of the Crimes Act 1900 (ACT). The court ordered that the sentences be suspended from, and that the appellant be released on, a specified date, conditional upon him giving security in the sum of $1000 self to the satisfaction of the Registrar on the specified conditions.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Sentencing

  • Conditional Release

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Cases Citing This Decision

116

R v Tennyson [2013] NTCCA 2
R v SKILBECK [2010] SASCFC 35
Cases Cited

8

Statutory Material Cited

0

R v Brewer [2004] ACTCA 10