Thomas, Brett David v R [2017] NSWCCA 273

Thomas, Brett David v R [2017] NSWCCA 273

The sentence was quashed and a new sentence imposed to account for 17 days served in custody solely on the relevant offences, reflecting the parties' agreement and correcting the error in commencement date, in accordance with the statutory requirement for appeals to result in quashing and substitution rather than variation.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Criminal Appeal / Sentence Appeal Determination and Orders
Outcome
Appeal allowed in part; sentence quashed and substituted sentence imposed correcting commencement date.
Legal Topics
['sentencing' 'detain for Advantage' 'backdating Sentences' 'aggregate Sentencing' 'appeal Procedures']
['criminal Law'] ['sentencing' 'detain for Advantage' 'backdating Sentences' 'aggregate Sentencing' 'appeal Procedures']

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 / Sentence Appeal Determination and Orders

Legal Issues

  1. 1 ['Whether the sentence should be quashed and a new sentence imposed due to insufficient backdating to account for time served solely on the offences sentenced']

Ratio Decidendi

The sentence was quashed and a new sentence imposed to account for 17 days served in custody solely on the relevant offences, reflecting the parties' agreement and correcting the error in commencement date, in accordance with the statutory requirement for appeals to result in quashing and substitution rather than variation.

Court Disposition

Appeal allowed in part; sentence quashed and substituted sentence imposed correcting commencement date.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed in part.' 'Sentence imposed by the District Court on Brett Thomas on 16 December 2015 be quashed and in lieu thereof the following sentence be imposed: Brett David Thomas is sentenced to an aggregate sentence for both counts 1 and 2 of a non-parole period of 3 years and 6...