Reg v Many

This matter concerns an application for special leave to appeal to the High Court of Australia. The applicant, represented by Mr R.O. Blanch QC and Mr P.G. Berman, sought leave to appeal against a decision of the New South Wales Court of Criminal Appeal concerning sentencing. The respondent was represented by Mr M.L. Sides QC, Mr J. Doris, and Mr P.J. Pearsall.

The central legal issue before the High Court was the appropriate calculation of an effective sentence, particularly in circumstances where a prisoner, already serving a lengthy sentence with a non-parole period, committed further offences shortly after being released on parole. The Court of Criminal Appeal had allowed an appeal against the original sentence, imposing a new sentence of eight years and six months, which was to run concurrently with the remaining balance of the prisoner's original parole.

The applicant argued that the Court of Criminal Appeal's sentencing decision resulted in an additional effective sentence of only one year and four months. This calculation was based on the original sentencing judge's imposition of 20 years with a non-parole period of 10 years, from which the prisoner had served a substantial portion. The prisoner was released on parole in July 1986 and committed the new offences in September 1986, leaving approximately seven years and two months of his original sentence outstanding. The Court of Criminal Appeal's decision meant this balance of parole ran concurrently with the new eight-year, six-month sentence. The applicant questioned whether remissions should be taken into account when assessing the effective additional sentence.