R v Pearson [2004] NSWCCA 151

R v Pearson [2004] NSWCCA 151

The orders made on 7 May 2004 failed to recognise that the appeal was against three concurrent sentences rather than against one sentence, so order (3) should be varied to quash the sentence and re-sentence the applicant separately for Count 1 and for Counts 2 and 3.

Jurisdiction
Australia
Judgment Date
13 May 2004
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Varying Orders Made on 7 May 2004
Outcome
Orders of the Court made on 7 May 2004 varied by substituting a new order (3).
Legal Topics
['sentence Appeal' 'concurrent Sentences' 'non Parole Period' 'variation of Orders']
['criminal Law' 'sentencing'] ['sentence Appeal' 'concurrent Sentences' 'non Parole Period' 'variation of Orders']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Varying Orders Made on 7 May 2004

Legal Issues

  1. 1 ['Whether the orders made on 7 May 2004 should be varied because they failed to recognise that the appeal was against three concurrent sentences rather than against one sentence.']

Ratio Decidendi

The orders made on 7 May 2004 failed to recognise that the appeal was against three concurrent sentences rather than against one sentence, so order (3) should be varied to quash the sentence and re-sentence the applicant separately for Count 1 and for Counts 2 and 3.

Court Disposition

Orders of the Court made on 7 May 2004 varied by substituting a new order (3).

Orders

  • ['Orders of the Court made on 7 May 2004 varied by substituting the following for order (3).' 'Sentence quashed and in lieu thereof the applicant be re-sentenced as follows: In relation to Count 1, taking into account the offences on Form 1, a term of imprisonment for five years commencing on 18 November 2002, with...