Ryan v Director of Public Prosecutions (Cth)

[2026] SASC 77

Supreme Court of South Australia

Built by Barristers,
For Australian Law.

1. Criminal law
2. › Sentence
3. › Post-custodial orders — Parole — Revocation — Calculation of outstanding sentence
1. Criminal law
2. › Sentence
3. › Parole — Clean street time — Whether time on parole may reduce outstanding sentence under s 19AW(1)(e) Crimes Act 1914 (Cth)
1. Statutory interpretation
2. › Consistent meaning principle
3. › Same phrase in different provisions of same statute
1. Statutory interpretation
2. › Purposive construction
3. › Extrinsic materials — Explanatory memorandum — Crimes Amendment (Remissions of Sentences) Act 2021 (Cth)

The phrase 'outstanding sentence or sentences' in s 19AW(1)(e) of the Crimes Act 1914 (Cth) should be construed consistently with the same phrase as defined in s 19AQ(4) and used in s 19AR; accordingly, a prescribed authority issuing a warrant under s 19AW may take account of the person's good behaviour during the period spent on parole prior to revocation in determining the unserved part of the outstanding sentence, and is not confined to the balance of the sentence remaining at the time of release on parole less time in custody.
Section 19APB of the Crimes Act 1914 (Cth) addresses when a person is taken to have completed their sentence and to be discharged from imprisonment; it does not determine the calculation of the 'outstanding sentence or sentences' under s 19AW(1)(e) following revocation of parole.
A construction of s 19AW(1)(e) that denies credit for time on parole to persons whose parole is revoked for breach of conditions, while ss 19AQ and 19AR permit such credit where parole is revoked for further offending, produces an incongruous result not supported by the statutory context or purpose.