Amos, Edward James v The Queen [1984] FCA 319

Amos, Edward James v The Queen [1984] FCA 319

The sentencing judge did not err in treating the offences as separate incidents and imposing cumulative sentences; however, erred in increasing the non-parole period to offset statutory remissions, and the proper non-parole period should be four years in accordance with Paivinen v. The Queen.

Source-derived case information.

Parties
Appellant: Edward James Amos; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
28 March 1985
Procedural Posture
Criminal Appeal / Appeal From Sentence
Outcome
appeal allowed (in relation to the non-parole period)
Legal Topics
Appeal From Sentence, Cumulative Sentences, Excessive Sentence, Non Parole Period
Criminal Law Appeal From Sentence Cumulative Sentences Excessive Sentence Non Parole Period

Source-derived case record

Summary, issues, holding and outcome

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Parties

Edward James Amos

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in imposing cumulative sentences
  2. 2 Whether the sentencing judge erred in fixing a non-parole period having regard to remissions under the Probation and Parole Act 1983 (N.S.W.) and Regulations

Ratio Decidendi

The sentencing judge did not err in treating the offences as separate incidents and imposing cumulative sentences; however, erred in increasing the non-parole period to offset statutory remissions, and the proper non-parole period should be four years in accordance with Paivinen v. The Queen.

Court Disposition

appeal allowed (in relation to the non-parole period)

Orders

  • The appeal be allowed.
  • The sentences for each offence are confirmed and to be served cumulatively as ordered by the Supreme Court of the Australian Capital Territory, making a total of eight years imprisonment.