R v DAVEY

Davey applied for leave to appeal against his sentence, which was initially refused by a single judge. The applicant, who was on parole at the time of the offending, had entered a plea of guilty during the course of a trial in which he was charged with six counts of rape and one count of false imprisonment. The sentence imposed was imprisonment for 19 years for the current offences. The Full Court was asked to determine whether the sentence was manifestly excessive and if the structure of the sentence complied with the statutory requirements.

The court examined whether the sentence was manifestly excessive and found that it was not. Further, the court examined the structure of the sentence and whether it complied with the provisions of the Correctional Services Act 1982 and the Criminal Law (Sentencing) Act 1988. The sentencing judge had backdated the sentence and the non-parole period to the date of arrest, but the statutory provisions require that the balance of the parole period be served from the date on which the applicant is sentenced on the current offences. The penalty for the current offences is to be served cumulatively upon the balance of the previous sentence, and the non-parole period is to be calculated by reference to the combined sentences.

The Full Court granted leave to appeal against the sentence and allowed the appeal. The sentence was adjusted in accordance with the statutory requirements, and the non-parole period was recalculated accordingly. The applicant's sentence was reduced, and the non-parole period was adjusted to reflect the correct application of the statutory provisions. The court's decision ensures that the sentence imposed is in accordance with the law and that the applicant's rights are protected.