REGINA v. GUY GRAHAM [2004] NSWCCA 420

REGINA v. GUY GRAHAM [2004] NSWCCA 420

Upon revocation of a suspended sentence under s.12, the original sentence of imprisonment is to commence from the date of revocation, not from the date when the sentence was originally imposed, as execution was suspended until breach; this construction is supported by statutory wording and authoritative interpretation in case law.

Jurisdiction
Australia
Judgment Date
26 November 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['sentencing' 'suspended Sentence' 'revocation of Good Behaviour Bond' 'commencement of Sentence']
['criminal Law'] ['sentencing' 'suspended Sentence' 'revocation of Good Behaviour Bond' 'commencement of Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the original sentence of imprisonment upon revocation of a suspended sentence under s.12 Crimes (Sentencing Procedure) Act 1999 (NSW) should commence from the original sentencing date or the date of revocation' 'Whether the applicant has a right to appeal the severity of the original sentence after revocation of a s.12 bond']

Ratio Decidendi

Upon revocation of a suspended sentence under s.12, the original sentence of imprisonment is to commence from the date of revocation, not from the date when the sentence was originally imposed, as execution was suspended until breach; this construction is supported by statutory wording and authoritative interpretation in case law.

Court Disposition

Appeal dismissed

Orders

  • ['Extend the time in which to seek leave to appeal against the original sentence up to 2 August 2004.' 'Leave to appeal in these proceedings is granted pursuant to sections 5(1)(c) and 10(1)(b) of the Criminal Appeal Act 1912 (NSW).' 'The appeal is dismissed.']