R v Paivinen [1985] HCA 39

R v Paivinen [1985] HCA 39

The non-parole period fixed for an offender convicted in the Australian Capital Territory and imprisoned in New South Wales is not subject to statutory reduction under the New South Wales Parole Act; therefore, it is erroneous for the sentencing judge to increase the non-parole period on the basis of the New South Wales provisions, as they do not apply. The proper law is the Parole Ordinance 1976 (ACT).

Parties
Applicant: R; Respondent: Paivinen
Jurisdiction
Australia
Procedural Posture
Criminal / Application for Special Leave to Appeal
Outcome
Special leave to appeal refused.
Legal Topics
Non Parole Periods, Remission of Sentences, Imprisonment in Another State, Application of Parole Legislation
Criminal Law Sentencing Non Parole Periods Remission of Sentences Imprisonment in Another State Application of Parole Legislation

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Parties

R

Applicant

Paivinen

Respondent

Procedural Posture

Criminal / Application for Special Leave to Appeal

Legal Issues

  1. 1 Whether a judge of the Supreme Court of the Australian Capital Territory can fix a non-parole period by taking into account the operation of the New South Wales Parole Act and regulations when the offender is to serve the sentence in New South Wales.
  2. 2 Whether the provisions of the New South Wales Parole Act apply to an offender convicted in the Australian Capital Territory and serving sentence in New South Wales by operation of removal statutes.

Ratio Decidendi

The non-parole period fixed for an offender convicted in the Australian Capital Territory and imprisoned in New South Wales is not subject to statutory reduction under the New South Wales Parole Act; therefore, it is erroneous for the sentencing judge to increase the non-parole period on the basis of the New South Wales provisions, as they do not apply. The proper law is the Parole Ordinance 1976 (ACT).

Court Disposition

Special leave to appeal refused.

Orders

  • Special leave to appeal refused.