R v Milne (No 2) [2014] NSWSC 113

R v Milne (No 2) [2014] NSWSC 113

The sentence imposed must be adjusted to ensure lawful concurrency and continuity, and a recognizance release order is appropriate considering the joint application, legal requirements, and unserved sentence duration.

Jurisdiction
Australia
Judgment Date
20 February 2014
Procedural Posture
Criminal / Sentence Variation
Outcome
sentence varied
Legal Topics
['adjustment of Sentence' 'recognizance Release Order' 'concurrency of Sentences']
['criminal Law'] ['adjustment of Sentence' 'recognizance Release Order' 'concurrency of Sentences']

Case Brief

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Procedural Posture

Criminal / Sentence Variation

Legal Issues

  1. 1 ['Proper adjustment of sentence after High Court decision' 'Legality of commencement and expiry of consecutive sentences' 'Appropriate degree of concurrency between sentences' 'Issuance of recognizance release order']

Ratio Decidendi

The sentence imposed must be adjusted to ensure lawful concurrency and continuity, and a recognizance release order is appropriate considering the joint application, legal requirements, and unserved sentence duration.

Court Disposition

sentence varied

Orders

  • ['2 years to date from 17 June 2013 expiring 16 June 2015' "Recognizance release order to issue pursuant to s 19AC(2) of the Crimes Act for Mr Milne's immediate release" 'Recognizance self in the sum of $500 without security' 'Term of recognizance release order to expire 16 June 2015']