Starmer v Regina [2008] NSWCCA 27

Starmer v Regina [2008] NSWCCA 27

The sentencing judge adequately and expressly took into account the applicant's pre-sentence custody period by imposing a non-parole period shorter than the norm. There was no error demonstrated and the allowance for time served was not inadequate.

Jurisdiction
Australia
Judgment Date
15 February 2008
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted. Appeal dismissed.
Legal Topics
['sentence' 'pre Sentence Custody' 'practice of Backdating Sentences']
['criminal Law'] ['sentence' 'pre Sentence Custody' 'practice of Backdating Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to demonstrably take into account the pre-sentence custody and backdate the sentence accordingly']

Ratio Decidendi

The sentencing judge adequately and expressly took into account the applicant's pre-sentence custody period by imposing a non-parole period shorter than the norm. There was no error demonstrated and the allowance for time served was not inadequate.

Court Disposition

Leave to appeal against sentence granted. Appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']