R v Philip LOUTAN [2013] NSWDC 101

R v Philip LOUTAN [2013] NSWDC 101

Because the original sentence frustrated the judge's clearly stated intention that Mr Loutan be released immediately, and because returning him to custody after he had acted on the expectation of no further custody would cause serious injustice, the proceedings were re-opened under s 43 and the appropriate sentences were re-assessed so that an aggregate sentence of 3 years could be imposed with a non-parole period already served and an order for immediate release on parole under s 50.

Jurisdiction
Australia
Judgment Date
07 March 2013
Procedural Posture
Criminal Sentencing / Sentence Proceedings Re Opened Under S 43 of the Crimes (sentencing Procedure) Act 1999
Outcome
Aggregate sentence of imprisonment reduced and offender ordered released on parole forthwith.
Legal Topics
['re Opening Sentence Proceedings' 'aggregate Sentence of Imprisonment' 'non Parole Period' 'immediate Release on Parole' 'drug Supply Offences']
['criminal Law' 'sentencing'] ['re Opening Sentence Proceedings' 'aggregate Sentence of Imprisonment' 'non Parole Period' 'immediate Release on Parole' 'drug Supply Offences']

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Procedural Posture

Criminal Sentencing / Sentence Proceedings Re Opened Under S 43 of the Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 ["Whether the sentence proceedings should be re-opened under s 43 of the Crimes (Sentencing Procedure) Act 1999 because the sentencing judge's intention that the offender be released immediately was frustrated." 'Whether the aggregate sentence should be reduced to 3 years so the court could fix a non-parole period and order immediate release on parole.' 'Whether failing to vary the sentence would cause serious injustice to the offender.']

Ratio Decidendi

Because the original sentence frustrated the judge's clearly stated intention that Mr Loutan be released immediately, and because returning him to custody after he had acted on the expectation of no further custody would cause serious injustice, the proceedings were re-opened under s 43 and the appropriate sentences were re-assessed so that an aggregate sentence of 3 years could be imposed with a non-parole period already served and an order for immediate release on parole under s 50.

Court Disposition

Aggregate sentence of imprisonment reduced and offender ordered released on parole forthwith.

Orders

  • ['Proceedings re-opened under s 43 of the Crimes (Sentencing Procedure) Act 1999.' 'Aggregate sentence of imprisonment imposed under s 53A of the Crimes (Sentencing Procedure) Act 1999 for 3 years, commencing on 10 December 2011 and expiring on 9 December 2014.' 'Non-parole period fixed at 5 months and 7 days,...