CITATION:The Queen v Cumberland [2019] NTCCA 13
PARTIES:THE QUEEN
v
CUMBERLAND, Jesse
TITLE OF COURT: COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: CRIMINAL APPEAL from the Supreme Court exercising Territory jurisdiction
FILE NO:FSC 2 of 2018 (21719767)
DELIVERED: 19 June 2019
HEARING DATE: 12 March 2019
JUDGMENT OF: Grant CJ, Kelly, Barr, Hiley JJ and Riley AJ
CATCHWORDS:
CRIMINAL LAW – JUDGMENT AND PUNISHMENT – MINIMUM NON-PAROLE PERIODS
By virtue of s 130(1) of the Sentencing Act the 70% minimum non-parole period in the amended s 55 of the Sentencing Act does apply when a court is sentencing an offender for an offence committed before the amendment came into effect provided the offence for which the offender is being sentenced is a “specified offence” within the definition of that term in s 55 –
However, the references to sections of the Misuse of Drugs Act in s 55(b) of the Sentencing Act is a reference only to those sections in the Misuse of Drugs Act as amended by the Justice Legislation Amendment (Drug Offences) Act which amendments came into effect on 18 July 2016.In circumstances where a court is imposing a total effective sentence for two or more offences, some of which are subject to the minimum non-parole period of 70% required by s 55 of the Sentencing Act and some of which are subject to the minimum non-parole period of 50% required by s 54 of the Sentencing Act, the requirement to fix a minimum non-parole period of not less than 70% of the sentence applies only to that part of the sentence which relates to a “specified offence” as defined in s 55 of the Sentencing Act.
Criminal Code 1983 (NT) s 14
Misuse of Drugs Act 1990 (NT) s 5, s 5A, s 5B, s 5C, s 6, s 6C, s 6D, s 6E, s 6G, s 7C, s 7D, s 8
Sentencing Act 1995 (NT) s 52, s 53, s 53A, s 54, s 55, s 55A, s 121, s 130Beckwith v R (1976) 135 CLR 569, CEV v The Queen [2005] NTCCA 10, Deming No 456 Pty Ltd v Brisbane Unit Development Corporation Pty Ltd (1983) 155 CLR 129, Emitja v The Queen [2016] NTCCA 4, FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268, Inkamala v The Queen [2005] NTCCA 6, JL v The Queen [2019] NTCCA 7, Owners of the Ship, Shin Kobe Maru v Empire shipping Co Inc (1994) 181 CLR 404, R v Lavender (2005) 222 CLR 67, R v Sully [2012] SASCFC 9, R v Watkins [2013] SASCFC 150, Siganto v The Queen (1997) 141 FLR 73, The Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285, The Queen v Hopkins [2008] NTSC 15, TRH v The Queen [2018] NTCCA 14, Weinstock v Beck (2013) ALR 1, Whitehurst v The Queen
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- AGLC
- The Queen v Cumberland [2019] NTCCA 13
- Case
- [2019] NTCCA 13
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the amended provisions of section 55 of the *Sentencing Act*, which stipulated a 70% minimum non-parole period, applied to an offender sentenced for an offence committed before the amendment's commencement. This question hinged on the interpretation of section 130(1) of the *Sentencing Act* and the definition of a "specified offence" within section 55.
The Court reasoned that section 130(1) of the *Sentencing Act* expressly permitted the application of the amended section 55 to offences committed before the amendment's commencement, provided that the offence for which the offender was being sentenced qualified as a "specified offence" as defined in section 55. The Court concluded that the amended provisions did indeed apply in such circumstances, confirming the retrospective operation of the 70% minimum non-parole period for specified offences.
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