Brough v Director of Public Prosecutions [2014] NSWSC 1396

Brough v Director of Public Prosecutions [2014] NSWSC 1396

The appeal was dismissed because the appellant's complaints concerned the Magistrate's application of well-settled sentencing principles of totality, cumulation, concurrence and special circumstances to the facts, rather than any question of law alone capable of founding an appeal under s 52. The Court was not satisfied that the Magistrate misunderstood the law about commencement dates or special circumstances, and no error of law requiring intervention was established.

Jurisdiction
Australia
Judgment Date
13 October 2014
Procedural Posture
Appeal From Local Court to Supreme Court Against Sentence on a Ground Said to Involve a Question of Law Alone / Extension of Time Granted; Appeal Determined and Dismissed
Outcome
Extension of time granted; appeal dismissed; each party to pay their own costs.
Legal Topics
['appeal From Local Court to Supreme Court' 'question of Law Alone' 'totality' 'cumulation and Concurrence' 'special Circumstances' 'non Parole Period' 'commencement Date of Sentence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['appeal From Local Court to Supreme Court' 'question of Law Alone' 'totality' 'cumulation and Concurrence' 'special Circumstances' 'non Parole Period' 'commencement Date of Sentence']

Case Brief

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Procedural Posture

Appeal From Local Court to Supreme Court Against Sentence on a Ground Said to Involve a Question of Law Alone / Extension of Time Granted; Appeal Determined and Dismissed

Legal Issues

  1. 1 ["Whether the Magistrate's approach to commencement of the new sentences raised a question of law alone under s 52 of the Crimes (Appeal and Review) Act 2011 (NSW)." 'Whether the Magistrate erred in law by failing to commence the new sentences before the expiry of the pre-existing overall non-parole period.' 'Whether the Magistrate erred in law by failing to find special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether any established error of law would justify varying the sentence or remitting the matter to the Local Court.']

Ratio Decidendi

The appeal was dismissed because the appellant's complaints concerned the Magistrate's application of well-settled sentencing principles of totality, cumulation, concurrence and special circumstances to the facts, rather than any question of law alone capable of founding an appeal under s 52. The Court was not satisfied that the Magistrate misunderstood the law about commencement dates or special circumstances, and no error of law requiring intervention was established.

Court Disposition

Extension of time granted; appeal dismissed; each party to pay their own costs.

Orders

  • ['Extension of time for the filing of the appeal granted.' 'Orders one to four in the amended summons of the plaintiff are dismissed.' 'Each party is to pay their own costs.']