R v Glynn

In the Court of Criminal Appeal, the case of R v Glynn was presented, where the appellant, previously convicted of robbery with violence, sought to appeal the sentencing Judge's refusal to set a non parole period following her parole violation. The appellant argued that the refusal was incorrect and sought to set a new non parole period. The legal issues involved interpreting the discretion of the sentencing Judge under the Criminal Law (Sentencing) Act 1988 to set a non parole period and whether the refusal to set such a period constituted a sentence or decision to defer sentencing, which would permit an appeal. The Court examined whether the refusal to set a non parole period could be considered a sentence or a decision to defer sentencing, which would entitle the appellant to appeal under the Criminal Law Consolidation Act 1935. The Court found that the refusal to set a non parole period could be considered a decision to defer sentencing and thus appealable. The Court also concluded that the sentencing Judge had the discretion to set a non parole period, which was not exercised appropriately. The Court allowed the appeal and granted the appellant's application to set a new non parole period, fixing it at six months from the date of her return to prison.