R v Thompson

[2010] SASCFC 9

South Australia Full Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Non-parole period
4. › Proportion to head sentence
5. › Whether non-parole period of approximately 80 per cent of head sentence manifestly excessive
6. › Criminal Law (Sentencing) Act 1988 (SA), s 32(7)(a)
1. Criminal Law
2. › Sentence
3. › Non-parole period
4. › Taking into account time served for breaches of parole
5. › Whether time served for parole breaches should be deducted from non-parole period or taken into account through reduction of head sentence
6. › Correctional Services Act 1982 (SA), ss 74, 75
1. Criminal Law
2. › Sentence
3. › Commencement of sentence
4. › Backdating
5. › Whether sentence should be backdated to date of cancellation of parole
6. › Criminal Law (Sentencing) Act 1988 (SA), s 30
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive or inadequate

Quick Take

Where an offender is sentenced for offences committed while on parole, time served for breaches of parole is properly taken into account by deducting it from the unexpired balance of the original sentence (thereby reducing the head sentence), not by deducting it from the non-parole period fixed for the total period of imprisonment. To deduct from the non-parole period would negate the punishment for the parole breaches. Backdating the sentence to the date of parole cancellation would similarly result in impermissible double-counting.