Grimes v R [2022] NSWCCA 237

Grimes v R [2022] NSWCCA 237

Due to an agreed and discrete mathematical error concerning the commencement date of the applicant’s sentence, the orders grant leave, allow the appeal, and correct the sentence dates without reopening the sentencing discretion.

Jurisdiction
Australia
Judgment Date
07 November 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed. Sentence commencement date corrected.
Legal Topics
['appeal Against Sentence' 'miscalculation of Sentence Commencement Date' 'correction of Sentencing Error']
['criminal Law'] ['appeal Against Sentence' 'miscalculation of Sentence Commencement Date' 'correction of Sentencing Error']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether there was a miscalculation in the backdating of the applicant's sentence" 'Whether the nature of the error warrants reopening the sentencing discretion or a limited correction']

Ratio Decidendi

Due to an agreed and discrete mathematical error concerning the commencement date of the applicant’s sentence, the orders grant leave, allow the appeal, and correct the sentence dates without reopening the sentencing discretion.

Court Disposition

Appeal allowed. Sentence commencement date corrected.

Orders

  • ['Leave to appeal out of time, and leave to appeal, is granted.' 'Appeal allowed.' 'The Applicant is sentenced to a total term of imprisonment of 9 years, with a non-parole period of 6 years, commencing on 16 September 2019. The head sentence is to expire on 15 September 2028, and the non-parole period is to expire...