› Non-parole period — Fixing across multiple sentences
Criminal law
› Sentencing
› Suspended sentence — Restoration — Whether non-parole period must be fixed
Criminal law
› Sentencing
› Sentencing Act 1995 (NT) s 53 — Construction of aggregate period of imprisonment
Criminal law
› Appeals
› Appeal against sentence — Misapplication of principle — Discretion not to fix non-parole period
Quick Take
1Section 53(2) of the Sentencing Act 1995 (NT) does not mandate the fixing of a single non-parole period across the entire aggregate period of imprisonment where the sentencing court has determined that fixing a non-parole period is inappropriate for some of the sentences within that aggregation; the 'aggregate period of imprisonment' in s 53(2) encompasses only those sentences for which a non-parole period has been fixed under s 53(1).
2While a sentencing court restoring a suspended sentence of 12 months or longer must consider whether to fix a non-parole period (per The Queen v Haji-Noor), the ratio of Haji-Noor is that the court has power to do so, not that it must; the decision not to fix a non-parole period over a restored sentence is an exercise of sentencing discretion reviewable on ordinary appellate principles.
3A sentencing court is not required to make an express determination that fixing a non-parole period over a restored sentence would be inappropriate; where the sentencing remarks adequately traverse the relevant factors, it will not be assumed that the court failed to consider the question or overlooked a relevant principle.
