Samide v Munn & Letsoya v Mackay

(2004) 142 A Crim R 434; [2004] NTSC 4

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifestly excessive
5. › Whether fine and default imprisonment manifestly excessive
6. › Impecunious offender
7. › Combined fine and default period to be assessed as just
8. › Fisheries Management Act 1991 (Cth), ss 100(2), 101(2)
1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › Consistency in sentencing across jurisdictions
5. › Whether sentencing court should have regard to sentences imposed in other States and Territories for same federal offence
6. › Desirability of consistency Australia-wide
1. Criminal Law
2. › Sentencing
3. › Illegal foreign fishing
4. › General deterrence
5. › Depth of incursion into Australian Fishing Zone as aggravating factor
6. › Fisheries Management Act 1991 (Cth), ss 100(2), 101(2)

Quick Take

When sentencing federal offenders, courts should have regard to sentences imposed in other Australian jurisdictions for the same offence to achieve consistency Australia-wide. Prosecuting authorities should provide sentencing information from other jurisdictions. For impecunious offenders, the combined fine and default imprisonment period should be assessed as just in all the circumstances, rather than the component parts separately.