R v MO (No 2) [2016] NSWDC 145

The sentencing order must be corrected to comply with s 19AG by reducing the head sentence so that the non-parole period is at least three-quarters of the term, having regard to errors by both the judge and prosecution, avoiding extra time in custody for the offender.

Jurisdiction: Australia
Judgment Date: 30 June 2016
Procedural Posture: Criminal / Sentencing Correction
Outcome: Quash previous sentence; offender sentenced to 2 years imprisonment, non-parole period of 18 months.
Legal Topics: ['sentencing' 'correction of Sentencing Orders' 'terrorism Offences' 'control Order Breach']

['criminal Law'] ['sentencing' 'correction of Sentencing Orders' 'terrorism Offences' 'control Order Breach']

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Procedural Posture

Criminal / Sentencing Correction

Legal Issues

1 ['Whether the sentence imposed on 29 January 2016 complied with mandatory non-parole period provisions for terrorism offences under s 19AG of the Crimes Act' 'Whether the sentence should be amended to rectify the defect under s 19AHA of the Crimes Act']

Ratio Decidendi

Court Disposition

Quash previous sentence; offender sentenced to 2 years imprisonment, non-parole period of 18 months.

Orders

['The sentence of imprisonment imposed on 29 January 2016 is quashed.' 'The offender is sentenced to a term of imprisonment of 2 years, backdated to 23 December 2014.' 'A non-parole period of 18 months is imposed, expiring on 22 June 2016.' 'Offender is now on parole for this offence.']