R v Whitby [2015] NSWDC 287

R v Whitby [2015] NSWDC 287

The sentence imposed on count 19 exceeded the maximum available for the offence. The court re-opened sentencing under s 43 of the Crimes (Sentencing Procedure) Act and re-sentenced on count 19 with a head sentence of 12 years and a non-parole period of nine years. No other sentences were altered and the overall effective sentence was unchanged.

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Criminal / Sentence Correction / Re Opening Under S 43 Crimes (sentencing Procedure) Act
Outcome
Sentencing proceedings re-opened. Sentence for count 19 corrected. No change to overall sentence.
Legal Topics
['sentence Correction' 'maximum Penalty' 'sentencing Error' 're Opening Sentencing Proceedings']
['criminal Law'] ['sentence Correction' 'maximum Penalty' 'sentencing Error' 're Opening Sentencing Proceedings']

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Procedural Posture

Criminal / Sentence Correction / Re Opening Under S 43 Crimes (sentencing Procedure) Act

Legal Issues

  1. 1 ['Whether sentence imposed on Count 19 exceeded the maximum penalty for the offence' 'Whether sentencing proceedings should be re-opened under s 43 of the Crimes (Sentencing Procedure) Act']

Ratio Decidendi

The sentence imposed on count 19 exceeded the maximum available for the offence. The court re-opened sentencing under s 43 of the Crimes (Sentencing Procedure) Act and re-sentenced on count 19 with a head sentence of 12 years and a non-parole period of nine years. No other sentences were altered and the overall effective sentence was unchanged.

Court Disposition

Sentencing proceedings re-opened. Sentence for count 19 corrected. No change to overall sentence.

Orders

  • ['Re-open the sentencing proceedings under s 43 of the Crimes (Sentencing Procedure) Act.' 'Set aside prior sentence on count 19 and impose a sentence of imprisonment of 12 years with a non-parole period of nine years.' 'No other sentence for any other count is to be changed.']