WAMIR v R [2011] NSWDC 152

WAMIR v R [2011] NSWDC 152

Given the specific circumstances of the offence and offender, and the current approach dictated by High Court authority, a non-parole period of ten months, being significantly less than 75% of the head sentence, is appropriate.

Jurisdiction
Australia
Judgment Date
07 September 2011
Procedural Posture
Conviction Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['conviction Appeal' 'people Smuggling' 'sentencing' 'non Parole Periods']
['criminal Law'] ['conviction Appeal' 'people Smuggling' 'sentencing' 'non Parole Periods']

Case Brief

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Procedural Posture

Conviction Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Appropriate head sentence and non-parole period for people smuggling offence under s 233A of the Migration Act' 'Application of proper ratio between non-parole period and head sentence after Hili and Jones v The Queen']

Ratio Decidendi

Given the specific circumstances of the offence and offender, and the current approach dictated by High Court authority, a non-parole period of ten months, being significantly less than 75% of the head sentence, is appropriate.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed.' 'The head sentence of eighteen months to be served concurrently from 7 November 2010 is confirmed.' 'Instead of the original non-parole period, a non-parole period of ten months is imposed, expiring 6 September 2011.']