Shaba v R [2011] NSWCCA 154

Shaba v R [2011] NSWCCA 154

The sentencing judge failed to account for 1 month and 13 days of pre-sentence custody referable solely to the present offence, warranting the sentence's commencement date to be backdated; no error was demonstrated in relation to further reduction for assistance to authorities or in comparison to the sentence imposed on Mr David.

Jurisdiction
Australia
Judgment Date
06 July 2011
Procedural Posture
Sentence Appeal / Leave to Appeal and Appeal Determination
Outcome
Appeal allowed in part; sentence backdated
Legal Topics
['sentence Appeal' 'sentencing Procedure' 'commencement Date of Sentence' 'recognition of Assistance to Authorities' 'parity of Sentence']
['criminal Law'] ['sentence Appeal' 'sentencing Procedure' 'commencement Date of Sentence' 'recognition of Assistance to Authorities' 'parity of Sentence']

Case Brief

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Procedural Posture

Sentence Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 ['Whether the sentencing judge erred in not ordering the sentence to commence at an earlier date' 'Whether some other sentence was warranted in law and should have been passed']

Ratio Decidendi

The sentencing judge failed to account for 1 month and 13 days of pre-sentence custody referable solely to the present offence, warranting the sentence's commencement date to be backdated; no error was demonstrated in relation to further reduction for assistance to authorities or in comparison to the sentence imposed on Mr David.

Court Disposition

Appeal allowed in part; sentence backdated

Orders

  • ['Grant leave to appeal' 'Allow the appeal in part' 'Order in lieu of the sentence imposed by Nicholson DCJ on 18 January 2010 commencing on that day, that the sentence imposed upon the applicant commence on 5 December 2009' "Otherwise confirm Nicholson DCJ's orders" "The applicant's non-parole period will expire on...