Murrell, P.A. v. The Queen [1985] FCA 13

Murrell, P.A. v. The Queen [1985] FCA 13

The court held that, in the particular circumstances—including delays not attributable to the justice system but to intervening unrelated imprisonment, the taking into account of additional offences, and the statutory framework for cumulative sentencing—a total sentence of five years' imprisonment was manifestly excessive. The law applicable (Crimes Act 1914 s 19(2) as applied by Interpretation Ordinance 1937 (ACT)) permitted the imposition of more than one cumulative sentence. The court determined that the total head sentence should be reduced to three and a half years, with eighteen months as a non-parole period, and that the first two sentences should run concurrently.

Parties
Appellant: Patrick Anthony Murrell; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
06 February 1985
Procedural Posture
Criminal Appeal / Appeal From Sentence (federal Court of Australia, on Appeal From Supreme Court of the Australian Capital Territory)
Outcome
Appeal allowed in part. Sentences varied.
Legal Topics
Concurrent and Cumulative Sentences, Sentencing for Stale Offences, Taking Other Offences Into Account (s 448 Crimes Act 1900 (nsw)), Appeals Against Sentence
Criminal Law Sentencing Concurrent and Cumulative Sentences Sentencing for Stale Offences Taking Other Offences Into Account (s 448 Crimes Act 1900 (nsw)) Appeals Against Sentence

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 5 Authorities cited 24 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Patrick Anthony Murrell

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sentence (federal Court of Australia, on Appeal From Supreme Court of the Australian Capital Territory)

Legal Issues

  1. 1 Whether period of imprisonment already served in another jurisdiction should be considered in sentencing for later offences committed earlier ('stale offences').
  2. 2 Whether more than one cumulative sentence may be imposed under Crimes Act 1914 s 19(2).
  3. 3 How additional offences taken into account under s 448 of Crimes Act 1900 (NSW) affect sentencing.

Ratio Decidendi

The court held that, in the particular circumstances—including delays not attributable to the justice system but to intervening unrelated imprisonment, the taking into account of additional offences, and the statutory framework for cumulative sentencing—a total sentence of five years' imprisonment was manifestly excessive. The law applicable (Crimes Act 1914 s 19(2) as applied by Interpretation Ordinance 1937 (ACT)) permitted the imposition of more than one cumulative sentence. The court determined that the total head sentence should be reduced to three and a half years, with eighteen months as a non-parole period, and that the first two sentences should run concurrently.

Court Disposition

Appeal allowed in part. Sentences varied.

Orders

  • The sentence on the first count was set aside and replaced with a sentence of six months' imprisonment.
  • The sentence of eighteen months on the second count was confirmed, to be served concurrently with the first count.