Bain, Michael Barry v The Queen [1983] FCA 102

Bain, Michael Barry v The Queen [1983] FCA 102

The minimum non-parole period should be sufficiently separated from the remission release date to provide a real opportunity for parole and serve its intended purpose within the sentencing process. The non-parole period fixed by the sentencing judge was set too close to the remission date, so it should be reduced to ensure parole has practical effect.

Parties
Appellant: Michael Barry Bain; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
27 May 1983
Procedural Posture
Criminal Appeal / Appeal From Supreme Court of the Northern Territory
Outcome
Appeal allowed in part
Legal Topics
Cumulative Sentences, Non Parole Periods, Remission of Sentences, Parole Eligibility
Criminal Law Cumulative Sentences Non Parole Periods Remission of Sentences Parole Eligibility

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Parties

Michael Barry Bain

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Supreme Court of the Northern Territory

Legal Issues

  1. 1 Whether the minimum non-parole period was properly proportioned to the head sentence and the effect of remission
  2. 2 Whether cumulative sentences were proper
  3. 3 Whether adequate weight was given to pre-sentence custody

Ratio Decidendi

The minimum non-parole period should be sufficiently separated from the remission release date to provide a real opportunity for parole and serve its intended purpose within the sentencing process. The non-parole period fixed by the sentencing judge was set too close to the remission date, so it should be reduced to ensure parole has practical effect.

Court Disposition

Appeal allowed in part

Orders

  • The appeal is allowed by substituting a minimum non-parole period of 2½ years for the period of 3½ years fixed by the Supreme Court of the Northern Territory of Australia.
  • Otherwise, the appeal is dismissed.