REGINA v GAMGEE [2001] NSWCCA 251

REGINA v GAMGEE [2001] NSWCCA 251

By majority, s12 of the Crimes (Sentencing Procedure) Act 1999 authorised the District Court to impose a two-year sentence and suspend execution of part of it by directing release after six months on a good behaviour bond for the remaining 18 months. The language of s12(1)(a) and s12(1)(b) permits suspension for a period less than the term of the sentence, including conditional partial suspension at the latter end of the term, and s12(3) means the s44 non-parole period scheme was not subverted. The sentence was therefore not contrary to law.

Jurisdiction
Australia
Judgment Date
05 July 2001
Procedural Posture
Crown Appeal Against Sentence in Criminal Proceedings / Court of Criminal Appeal Appeal From the District Court
Outcome
Appeal dismissed by majority.
Legal Topics
['suspended Sentences' 'partial Suspension of Sentence' 'non Parole Periods' 'crimes (sentencing Procedure) Act 1999 S12' 'crimes (sentencing Procedure) Act 1999 S44']
['criminal Law' 'sentencing'] ['suspended Sentences' 'partial Suspension of Sentence' 'non Parole Periods' 'crimes (sentencing Procedure) Act 1999 S12' 'crimes (sentencing Procedure) Act 1999 S44']

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Procedural Posture

Crown Appeal Against Sentence in Criminal Proceedings / Court of Criminal Appeal Appeal From the District Court

Legal Issues

  1. 1 ['Whether the sentence imposed by the District Court was contrary to law.' 'Whether s12 of the Crimes (Sentencing Procedure) Act 1999 permits the execution of part of a sentence of imprisonment to be suspended.' 'Whether the only power to impose a term of effective imprisonment followed by a non-custodial period subject to conditions is the setting of a non-parole period under s44 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

By majority, s12 of the Crimes (Sentencing Procedure) Act 1999 authorised the District Court to impose a two-year sentence and suspend execution of part of it by directing release after six months on a good behaviour bond for the remaining 18 months. The language of s12(1)(a) and s12(1)(b) permits suspension for a period less than the term of the sentence, including conditional partial suspension at the latter end of the term, and s12(3) means the s44 non-parole period scheme was not subverted. The sentence was therefore not contrary to law.

Court Disposition

Appeal dismissed by majority.

Orders

  • ['Appeal dismissed.']