Bakewell v The Queen

Criminal law – Punishment - Appellant sentenced in 1989 to mandatory life imprisonment for murder - Sentencing (Crime of Murder) and Parole Reform Act 2003 (NT), s 18(a) deemed sentence to include 20 year non-parole period - Section 19 provided Supreme Court of the Northern Territory may or, in certain circumstances, must revoke deemed non-parole period and fix longer period or no period on application of Director of Public Prosecutions - Appellant transferred to South Australia before Director made application for longer non- parole period - Upon transfer, Northern Territory sentence ceased to have effect but same sentence deemed to have been imposed by South Australian court - Whether Supreme Court of Northern Territory may determine application - Whether appellant "prisoner" within meaning of Act.

Criminal law – Transfer of prisoners - Interaction of Prisoners (Interstate Transfer) Act 1982 (SA) and Prisoners (Interstate Transfer) Act (NT) - Whether application to Supreme Court of the Northern Territory was for "review" of sentence or minimum term.

Words and phrases – "prisoner", "review".

Prisoners (Interstate Transfer) Act 1982 (SA) – ss 5, 25, 27, 28. Prisoners (Interstate Transfer) Act (NT), ss 3, 23, 26.

Sentencing (Crime of Murder) and Parole Reform Act 2003 (NT) – Pt 5, Div 1.

Sentencing (Crime of Murder) and Parole Reform Amendment Act 2008 (NT).

Interpretation Act (NT) – s 38(1)(b).