Regina v Jeanette VAN DAM [2001] NSWCCA 507

Regina v Jeanette VAN DAM [2001] NSWCCA 507

Leave was granted and the appeal allowed because the sentencing judge was wrongly led to believe that no time in custody was referable to the subject offence, whereas it was open to the judge to take that remand time into account in structuring the sentence. The applicant was not entitled to further credit for the period from 9 March to 31 May 2001 because that period had already been backdated in the Local Court sentences, but she should receive credit for the thirty-six days between 17 January 2001 and 21 February 2001 by backdating the sentence to 25 April 2001.

Jurisdiction
Australia
Judgment Date
12 December 2001
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal Appeal From District Court Sentence
Outcome
Leave to appeal against the severity of sentence granted; appeal allowed; District Court sentence quashed and applicant resentenced.
Legal Topics
['break, Enter and Steal' 'pre Sentence Custody' 'commencement Date of Sentence' 'non Parole Period' 'leave to Appeal Against Severity of Sentence']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'pre Sentence Custody' 'commencement Date of Sentence' 'non Parole Period' 'leave to Appeal Against Severity of Sentence']

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal Appeal From District Court Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in proceeding on the basis that no pre-sentence custody was referable to the appeal offence.' 'Whether the sentence should be backdated to give credit for pre-sentence custody referable to the appeal offence.']

Ratio Decidendi

Leave was granted and the appeal allowed because the sentencing judge was wrongly led to believe that no time in custody was referable to the subject offence, whereas it was open to the judge to take that remand time into account in structuring the sentence. The applicant was not entitled to further credit for the period from 9 March to 31 May 2001 because that period had already been backdated in the Local Court sentences, but she should receive credit for the thirty-six days between 17 January 2001 and 21 February 2001 by backdating the sentence to 25 April 2001.

Court Disposition

Leave to appeal against the severity of sentence granted; appeal allowed; District Court sentence quashed and applicant resentenced.

Orders

  • ['Leave to appeal against the severity of sentence be granted.' 'The appeal be allowed.' "The sentence imposed in the District Court be quashed and, in lieu thereof, the applicant be sentenced to a term of three years' imprisonment to date from 25 April 2001." 'A non-parole period of twelve months is specified to...