WILLIAM HENRY BLADRY V. THE QUEEN

WILLIAM HENRY BLADRY V. THE QUEEN

A point of law of general application arises: when declaring an offender an habitual criminal, the sentencing court should consider imposing a lighter sentence so that the detention as an habitual criminal commences without undue delay. The Court of Criminal Appeal did not consider this, warranting reconsideration.

Parties
Applicant: William Henry Baldry; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
24 June 1982
Procedural Posture
Application for Special Leave to Appeal / Judgment on Application for Special Leave to Appeal
Outcome
application granted; appeal allowed; matter remitted
Legal Topics
Habitual Criminal Declarations, Sentencing, Parole Eligibility
Criminal Law Habitual Criminal Declarations Sentencing Parole Eligibility

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Parties

William Henry Baldry

Applicant

The Queen

Respondent

Procedural Posture

Application for Special Leave to Appeal / Judgment on Application for Special Leave to Appeal

Legal Issues

  1. 1 Whether proper consideration was given to the impact of a habitual criminal declaration and parole eligibility on the sentence imposed
  2. 2 Whether the Court should impose a lighter sentence where a declaration of habitual criminal is made, so that the period of detention as an habitual criminal is not unduly delayed

Ratio Decidendi

A point of law of general application arises: when declaring an offender an habitual criminal, the sentencing court should consider imposing a lighter sentence so that the detention as an habitual criminal commences without undue delay. The Court of Criminal Appeal did not consider this, warranting reconsideration.

Court Disposition

application granted; appeal allowed; matter remitted

Orders

  • The application for special leave to appeal is granted.
  • The appeal is allowed.