Boyd v R (No 2) [2013] NSWCCA 67

Boyd v R (No 2) [2013] NSWCCA 67

It is appropriate for the Court to exercise its power under s 59(1) of the Crimes (Sentencing Procedure) Act 1999 to adjust the commencement date of the sentence of imprisonment for 2 months so it commences at the end of the non-parole period of the earlier sentence, as agreed by both parties.

Jurisdiction
Australia
Judgment Date
05 April 2013
Procedural Posture
Criminal / Consequential Orders Following Sentencing Appeal
Outcome
Order made varying commencement date of sentence under s 59 Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['consequential Orders' 'commencement Date of Sentence' 'variation of Sentence' 'appeals' 'section 59 Crimes (sentencing Procedure) Act 1999']
['criminal Law'] ['consequential Orders' 'commencement Date of Sentence' 'variation of Sentence' 'appeals' 'section 59 Crimes (sentencing Procedure) Act 1999']

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Procedural Posture

Criminal / Consequential Orders Following Sentencing Appeal

Legal Issues

  1. 1 ['Whether the commencement date of a fixed term of imprisonment should be adjusted under s 59 Crimes (Sentencing Procedure) Act 1999 following a variation of an earlier sentence.']

Ratio Decidendi

It is appropriate for the Court to exercise its power under s 59(1) of the Crimes (Sentencing Procedure) Act 1999 to adjust the commencement date of the sentence of imprisonment for 2 months so it commences at the end of the non-parole period of the earlier sentence, as agreed by both parties.

Court Disposition

Order made varying commencement date of sentence under s 59 Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['Pursuant to s 59 of the Crimes (Sentencing Procedure) Act, the commencement date of the fixed term of imprisonment for 2 months imposed upon the applicant on 8 June 2012 is varied from 29 May 2015 to 14 January 2015.']