Regina v Charters [2004] NSWCCA 40

Regina v Charters [2004] NSWCCA 40

The District Court erred by imposing a fresh two year sentence after revoking the s 12 bond because the applicant had already served or was deemed to have served almost six months and the maximum available sentence was the unexpired portion of 18 months and 2 weeks. The District Court also erred by directing eligibility for release on parole rather than ordering release at the end of the non-parole period. No special circumstances were found.

Jurisdiction
Australia
Judgment Date
06 February 2004
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence From the District Court
Outcome
Leave to appeal granted, appeal upheld, sentence quashed, applicant re-sentenced.
Legal Topics
['suspended Sentence Subject to Bond' 'breach of Bond' 're Sentencing' 'non Parole Period' 'parole Release Order']
['criminal Law' 'sentencing'] ['suspended Sentence Subject to Bond' 'breach of Bond' 're Sentencing' 'non Parole Period' 'parole Release Order']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ['Whether, on revocation of a s 12 bond and re-sentencing, the sentence was limited to the remaining unserved portion of the original sentence.' 'Whether special circumstances should be found on re-sentencing.' 'Whether the sentencing court erred by directing eligibility for release on parole instead of ordering release at the end of the non-parole period.']

Ratio Decidendi

The District Court erred by imposing a fresh two year sentence after revoking the s 12 bond because the applicant had already served or was deemed to have served almost six months and the maximum available sentence was the unexpired portion of 18 months and 2 weeks. The District Court also erred by directing eligibility for release on parole rather than ordering release at the end of the non-parole period. No special circumstances were found.

Court Disposition

Leave to appeal granted, appeal upheld, sentence quashed, applicant re-sentenced.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Sentence quashed.' 'In lieu thereof, the applicant is sentenced to imprisonment for 18 months and 2 weeks to date from 22 December 2002 and to expire on 6 July 2004.' 'A non-parole period is fixed expiring on 5 January 2004.' 'The applicant is to be released forthwith...