Massey v The Queen [1999] FCA 257

Massey v The Queen [1999] FCA 257

The head sentence of four years' imprisonment was appropriate, but the appellant's impressive rehabilitation since sentencing, his youth, and the need for flexibility under the principle of totality justified reducing the non-parole period from two years to 18 months, expiring on 10 February 1999.

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Criminal Sentence Appeal / Appeal From a Judge of the Supreme Court of the Australian Capital Territory Against Severity of Sentence
Outcome
Appeal allowed; head sentence confirmed; non-parole period varied to expire on 10 February 1999.
Legal Topics
['severity of Sentence' 'non Parole Period' 'rehabilitation' 'totality' 'young Offender']
['criminal Law' 'sentencing'] ['severity of Sentence' 'non Parole Period' 'rehabilitation' 'totality' 'young Offender']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Appeal From a Judge of the Supreme Court of the Australian Capital Territory Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed by Miles CJ was excessive in its non-parole period.' "Whether the appellant's rehabilitation, youth, and the principle of totality warranted variation of the non-parole period while confirming the head sentence."]

Ratio Decidendi

The head sentence of four years' imprisonment was appropriate, but the appellant's impressive rehabilitation since sentencing, his youth, and the need for flexibility under the principle of totality justified reducing the non-parole period from two years to 18 months, expiring on 10 February 1999.

Court Disposition

Appeal allowed; head sentence confirmed; non-parole period varied to expire on 10 February 1999.

Orders

  • ['The appeal be allowed.' "The head sentence of four years' imprisonment to date from the expiration of the sentence that the appellant was then serving is confirmed." 'The non-parole period to commence on 11 September 1995 is varied to the effect that the non-parole period expires on 10 February 1999.']