Smith v R

The appeal in *Smith v R* was heard by Baker, McWilliam, and Abraham JJ of the Supreme Court of the Australian Capital Territory. The dispute concerned the sentencing of the appellant, where an error was conceded in the application of section 66 of the *Crimes (Sentencing) Act 2005* (ACT) concerning the imposition of a global non-parole period.

The central legal issue before the Court was whether the sentencing judge had erred in calculating and imposing the global non-parole period, specifically in light of the conceded error in applying section 66 of the *Crimes (Sentencing) Act 2005* (ACT).

The Court allowed the appeal, setting aside the original order (e) made by the sentencing judge. The Court then substituted a new non-parole period of 2 years, 11 months, and 12 days, to commence on 10 December 2020 and conclude on 21 November 2023. This revised period reflected the correct application of the relevant sentencing legislation.