WIGGINS, Daniel Peter v R [2010] NSWCCA 30

WIGGINS, Daniel Peter v R [2010] NSWCCA 30

Although an error occurred in not fully backdating the sentence and giving reasons, no lesser sentence is warranted given the sentencing judge's statement that pre-sentence custody was taken into account and the leniency already apparent in the sentence structure.

Jurisdiction
Australia
Judgment Date
02 March 2010
Procedural Posture
Criminal Appeal / Court of Criminal Appeal (leave to Appeal and Appeal Disposition)
Outcome
Leave to appeal is granted but the appeal is dismissed.
Legal Topics
['sentencing' 'pre Sentence Custody' 'backdating Sentence' 'aggravated Robbery' 'assault Occasioning Actual Bodily Harm']
['criminal Law'] ['sentencing' 'pre Sentence Custody' 'backdating Sentence' 'aggravated Robbery' 'assault Occasioning Actual Bodily Harm']

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 / Court of Criminal Appeal (leave to Appeal and Appeal Disposition)

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to properly backdate the sentence to reflect all pre-sentence custody' 'Whether lack of reasons for not backdating the sentence constitutes error' 'Whether a lesser sentence is warranted']

Ratio Decidendi

Although an error occurred in not fully backdating the sentence and giving reasons, no lesser sentence is warranted given the sentencing judge's statement that pre-sentence custody was taken into account and the leniency already apparent in the sentence structure.

Court Disposition

Leave to appeal is granted but the appeal is dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']