McKenna v Regina [1999] NSWCCA 358

McKenna v Regina [1999] NSWCCA 358

The sentence imposed by the District Court was quashed due to a technical error regarding the calculation of pre-sentence custody, but otherwise the grounds of appeal failed and the original sentence duration was maintained.

Jurisdiction
Australia
Judgment Date
22 October 1999
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed, sentence quashed, substituted sentence imposed.
Legal Topics
['fraud' 'sentencing' 'prior Convictions' 'totality Principle']
['criminal Law'] ['fraud' 'sentencing' 'prior Convictions' 'totality Principle']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether prior convictions were correctly taken into account' 'Whether the sentence was manifestly excessive' 'Whether the applicant received benefit of pre-sentence custody']

Ratio Decidendi

The sentence imposed by the District Court was quashed due to a technical error regarding the calculation of pre-sentence custody, but otherwise the grounds of appeal failed and the original sentence duration was maintained.

Court Disposition

Appeal allowed, sentence quashed, substituted sentence imposed.

Orders

  • ['Leave to appeal granted' 'Original sentencing decision quashed' 'Applicant sentenced to six years imprisonment commencing 8 May 1998 and finishing 7 May 2004' 'Non-parole period set at three years, eligible for parole on 7 May 2001']