Cowan v R (No 2) [2015] NSWCCA 134

Cowan v R (No 2) [2015] NSWCCA 134

Because the Court's previous orders imposed a sentence of 3 years imprisonment with a non-parole period and no parole order had been made, s. 50(1) required the Court to direct the applicant's release on parole at the expiration of the non-parole period.

Jurisdiction
Australia
Judgment Date
05 June 2015
Procedural Posture
Criminal Law – Sentence / Further Order in the Court of Criminal Appeal After Previous Sentencing Orders
Outcome
Parole order made.
Legal Topics
['parole Orders' 'non Parole Period' 'sentence of Imprisonment of 3 Years or Less']
['criminal Law' 'sentencing'] ['parole Orders' 'non Parole Period' 'sentence of Imprisonment of 3 Years or Less']

Case Brief

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Procedural Posture

Criminal Law – Sentence / Further Order in the Court of Criminal Appeal After Previous Sentencing Orders

Legal Issues

  1. 1 ['Whether the Court should make a parole order under s. 50(1) of the Crimes (Sentencing Procedure) Act 1999 where its previous orders imposed a sentence of 3 years imprisonment with a non-parole period but no parole order was made.']

Ratio Decidendi

Because the Court's previous orders imposed a sentence of 3 years imprisonment with a non-parole period and no parole order had been made, s. 50(1) required the Court to direct the applicant's release on parole at the expiration of the non-parole period.

Court Disposition

Parole order made.

Orders

  • ['Pursuant to s. 50(1) of the Crimes (Sentencing Procedure) Act 1999 the Court directs the release of the applicant at the expiration of his non-parole period on 2 July 2015.']