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[1980] HCA 49
High Court of Australia
1968-06-13
Wilson JJ
Original judgment source is linked above.
The applicant is therefore entitled to the benefit of the remission in respect of the entire period of imprisonment which he has served, and hence his entitlement to immediate release.
It is unnecessary for the purposes of this case to engage in an exhaustive discussion of the meaning of the third paragraph of reg. 110 (a), nor of the question where this decision leaves Cheetham v. McGeechan [3] . It suffices to say that in our opinion the paragraph emphasizes that it is the totality of the sentence or sentences of imprisonment that is or are being served which is to be regarded for the purpose of crediting the prisoner's entitlement to a remission under that particular regulation.
It is for these reasons that the orders of 10 October 1980 were made.
Smith
Corrective Services Commissioner of New South Wales
High Court of Australia Stephen, Mason, Murphy, Aickin and Wilson JJ. Smith v Corrective Services Commissioner of New South Wales [1980] HCA 49