R v Glebow

The appellant in this case was serving a life sentence for murder when he pleaded guilty to assaulting another inmate in a correctional centre. The primary judge sentenced the appellant to nine months imprisonment for the assault, to be served concurrently with the life sentence, and set a new parole eligibility date six months later. The appellant challenged the decision, arguing that the primary judge had no obligation or discretion to set a new parole eligibility date, and that courts cannot penalise life prisoners who re-offend while in custody. The appeal was heard in the Court of Appeal, which had to determine the legal issues surrounding the setting of a new parole eligibility date and the ability of the courts to penalise life prisoners who re-offend while in custody. The Court of Appeal held that the primary judge had an obligation to set a new parole eligibility date under section 160C(5) of the Penalties and Sentences Act 1992 (Qld). The court also held that the primary judge did not have the power to penalise the appellant for re-offending while in custody, but that the setting of a new parole eligibility date was not an impermissible variation of the life sentence. The appeal was allowed, and the appellant was ordered to be imprisoned for nine months, to be served concurrently with the term of life imprisonment imposed on 5 March 2002, and his parole eligibility date was fixed as 4 October 2015.