Director of Public Prosecutions (Cth) v Springer [2014] NSWCCA 52

Director of Public Prosecutions (Cth) v Springer [2014] NSWCCA 52

Because Mr Springer was now before the Court and had been in custody in relation to the offence from 16 December 2005 to 15 September 2008 and since 27 May 2013, the commencement date of the sentence imposed on 25 May 2009 should be fixed so as to reflect the total custody period of 3 years 7 months and 15 days.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 April 2014
Procedural Posture
Sentence / Commencement Date for Sentence After Offender Returned to Custody
Outcome
Sentence commencement date specified and earliest release date declared.
Legal Topics
['commencement Date of Sentence' 'time Already Spent in Custody' 'non Parole Period' 'proceedings in Absence of Offender']
['criminal Law' 'sentencing'] ['commencement Date of Sentence' 'time Already Spent in Custody' 'non Parole Period' 'proceedings in Absence of Offender']

Source-derived case record

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

Sentence / Commencement Date for Sentence After Offender Returned to Custody

Legal Issues

  1. 1 ['Whether the Court should specify a commencement date for the sentence imposed on 25 May 2009 now that Mr Springer was before the Court.' 'How time already spent in custody in relation to the offence should be taken into account in fixing the commencement date.']

Ratio Decidendi

Because Mr Springer was now before the Court and had been in custody in relation to the offence from 16 December 2005 to 15 September 2008 and since 27 May 2013, the commencement date of the sentence imposed on 25 May 2009 should be fixed so as to reflect the total custody period of 3 years 7 months and 15 days.

Court Disposition

Sentence commencement date specified and earliest release date declared.

Orders

  • ['The sentence imposed by this Court on 25 May 2009 of imprisonment for four years six months, with a non-parole period of three years eight months, be taken to have commenced on 27 August 2010.' 'The earliest date on which the offender will be eligible for release is 26 April 2014.']