The Queen v. Ward, A.C. [1985] FCA 626

The Queen v. Ward, A.C. [1985] FCA 626

The sentence imposed for the offensive weapons charges was manifestly inadequate given the danger presented over ten hours in a public area and the discharge of over 130 rounds; an aggregate sentence of not less than eight years was required to mark the seriousness of the conduct. The non-parole period of one year fixed by the trial judge was insufficient in light of the seriousness and potential risk of reoffending; a non-parole period of three years was appropriate.

Jurisdiction
Australia
Judgment Date
13 December 1985
Procedural Posture
Criminal Appeal / Appeal Against Inadequacy of Sentence
Outcome
Appeal allowed; sentences for offensive weapons charges increased; non-parole period increased.
Legal Topics
['sentencing' 'kidnapping' 'use of Offensive Weapon' 'wilful Damage to Commonwealth Property' 'parole']
['criminal Law'] ['sentencing' 'kidnapping' 'use of Offensive Weapon' 'wilful Damage to Commonwealth Property' 'parole']

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Procedural Posture

Criminal Appeal / Appeal Against Inadequacy of Sentence

Legal Issues

  1. 1 ['Whether sentences imposed by the Supreme Court of the Australian Capital Territory were manifestly inadequate' 'Appropriate sentence for offences of kidnapping, use of offensive weapons to prevent lawful apprehension, and wilful damage to Commonwealth property' 'Appropriate non-parole period for custodial sentence']

Ratio Decidendi

The sentence imposed for the offensive weapons charges was manifestly inadequate given the danger presented over ten hours in a public area and the discharge of over 130 rounds; an aggregate sentence of not less than eight years was required to mark the seriousness of the conduct. The non-parole period of one year fixed by the trial judge was insufficient in light of the seriousness and potential risk of reoffending; a non-parole period of three years was appropriate.

Court Disposition

Appeal allowed; sentences for offensive weapons charges increased; non-parole period increased.

Orders

  • ['Sentences imposed by the Supreme Court of the Australian Capital Territory in July 1985, except as confirmed, set aside.' "Respondent sentenced to four years' imprisonment for each of two charges under s. 33B of the Crimes Act 1900 (N.S.W.) as applied to the ACT." "Sentence of four years' imprisonment imposed by...