R v Hall

[2006] VSCA 177

SUPREME COURT OF VICTORIA

COURT OF APPEAL

No. 288 of 2005

THE QUEEN

v.

CHRISTOPHER CLARENCE HALL

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JUDGES:	CALLAWAY and REDLICH, JJ.A. and COLDREY, A.J.A.
WHERE HELD:	MELBOURNE
DATE OF HEARING:	30 August 2006
DATE OF ORDER:	30 August 2006
MEDIUM NEUTRAL CITATION:	[2006] VSCA 177

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Criminal law – Sentencing – Appeal allowed to correct new single non-parole period fixed in 1997 – Sentencing Act 1991, s.14.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr K.G. Gilligan	Mr S. Carisbrooke, Acting Solicitor for Public Prosecutions
For the Applicant	Mr C.B. Boyce	Victoria Legal Aid

CALLAWAY, J.A.:

1. The purpose of this application is to bring a non-parole period into conformity with the intention of the learned sentencing judge in 1997.  The figures in the order that I shall shortly pronounce have been agreed by counsel at both ends of the Bar table.

1. The Court makes the following orders:

1.        The application for leave to appeal against sentence is reinstated and the time for filing the full statement of grounds and outline of submissions is extended nunc pro tunc to 24th August 2006.

2.        The application is granted.  The appeal is treated as instituted and heard instanter and is allowed in part.

3.        The sentences imposed and directions for cumulation and concurrency given in the County Court on 2nd April 1997 are affirmed, resulting in an effective aggregate head sentence of 32½ years commencing on 12th December 1994.

4. The non-parole period is set aside. In lieu thereof, a new single non-parole period of 24 years and 8 months is fixed pursuant to s.14 of the Sentencing Act 1991. That period is deemed to have commenced on 2nd April 1997.

5.        It is declared that the period of 4,829 days is to be reckoned as already served under the sentence, as at today's date, and it is ordered that there be noted in the records of the Court the fact that that declaration was made and its details.

Is there anything further?

MR GILLIGAN:  Nothing, your Honour.

MR BOYCE:No, your Honour.

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