The Queen v RG

The case involved an application by the Crown under section 112 of the Sentencing Act (NT) to correct an error in the sentencing of RG. RG had pleaded guilty to an offence under section 127(2)(b) of the Criminal Code (NT). The issue before the court was whether the power under section 112 of the Sentencing Act was limited to correcting the mandatory minimum non-parole period, or if it allowed for a reconsideration of whether to fix a non-parole period or suspend the sentence. The court determined that the power of correction did not extend to the correction of reasons, factual errors, a general review of sentencing discretion, or a rehearing of the proceedings on merits. However, it did extend to correcting a misapplication of statutory law, an error in sentencing principle established by binding precedent, or failing to consider a relevant sentencing factor. The court found that the legal error in this case affected both the length of the non-parole period and the decision to fix a non-parole period or suspend the sentence. The court exercised its power to order the suspension of the sentence rather than fixing a non-parole period. This decision was influenced by circumstances that favoured the suspension of the sentence. The order to suspend the sentence was made subject to conditions designed to protect the community and consider the victim’s interests.