BJT v R [2011] NSWCCA 12

BJT v R [2011] NSWCCA 12

The sentencing judge erred in not backdating the sentences to reflect appropriate credit for time served in quasi-custodial residential rehabilitation; giving effect to the authorities, the Court found one half of such time should be credited, justifying a backdating of the sentence commencement date.

Jurisdiction
Australia
Judgment Date
02 February 2011
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal Against Sentence
Outcome
Appeal allowed; leave to appeal granted; sentences confirmed but commencement backdated to 10 September 2008; new parole eligibility date set.
Legal Topics
['sentencing' 'consideration of Quasi Custodial Pre Sentence Rehabilitation' 'backdating Sentences' 'credit for Residential Rehabilitation']
['criminal Law'] ['sentencing' 'consideration of Quasi Custodial Pre Sentence Rehabilitation' 'backdating Sentences' 'credit for Residential Rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Leave to Appeal and Substantive Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to backdate the sentence to take account of time spent in quasi-custodial residential rehabilitation']

Ratio Decidendi

The sentencing judge erred in not backdating the sentences to reflect appropriate credit for time served in quasi-custodial residential rehabilitation; giving effect to the authorities, the Court found one half of such time should be credited, justifying a backdating of the sentence commencement date.

Court Disposition

Appeal allowed; leave to appeal granted; sentences confirmed but commencement backdated to 10 September 2008; new parole eligibility date set.

Orders

  • ['Grant leave to appeal and allow the appeal.' 'Confirm the sentences imposed by Finnane DCJ on 23 October 2009, but order that the sentences commence on 10 September 2008 in lieu of 16 December 2008.' 'The applicant will be eligible for parole on 10 September 2011.']