Tringrove v Tasmania (No 2)

The Court of Criminal Appeal of Tasmania, comprising Blow CJ, Wood and Pearce JJ, considered the appeal of Tringrove against a sentence imposed following a conviction. The central dispute concerned the imposition of a cumulative sentence of imprisonment, particularly in light of a potential future appeal against the sentence Tringrove was already serving.

The court was required to determine the appropriate sentence for Tringrove, specifically whether a new term of imprisonment should be served consecutively to his existing sentence. A key legal issue was how to structure the new sentence to account for the possibility that his current term of imprisonment might be quashed on appeal, and to ensure that the commencement date of the new sentence was appropriately fixed in such an event. The court also had to consider the appellant's eligibility for parole and the imposition of compensation orders.

The court reasoned that the sentence should be structured to reflect the gravity of the offence and to provide certainty regarding its commencement. It ordered that Tringrove be sentenced to one year's imprisonment, to be served cumulatively with his current sentence. Crucially, the court provided for the eventuality of the appellant's current sentence being quashed on appeal, stipulating that in such circumstances, the new sentence would commence on 14 July 2014. Furthermore, the court ordered that Tringrove would not be eligible for parole until he had served six months of this new sentence, and also imposed compensation orders requiring him to pay $216,000 to Huon Aquaculture Group Pty Ltd and victim compensation levies totalling $600 within 28 days of his release from prison.