Regina v Brown [2002] NSWCCA 143

Regina v Brown [2002] NSWCCA 143

Because the Court had reduced the applicant's non-parole period and a later consecutive sentence had been ordered to commence at the expiry of the original non-parole period, s59(1) empowered the Court to vary the commencement date of that consecutive sentence, and it was appropriate to do so so that the sentence...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 April 2002
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence; Supplementary Judgment on Variation of Commencement Date of Consecutive Sentence / Supplementary Judgment
Outcome
Original orders varied by addition of an order changing the commencement date of the sentence imposed by McGuire DCJ.
Legal Topics
['leave to Appeal Against Severity of Sentence' 'non Parole Period' 'consecutive Sentence' 'variation of Commencement Date of Sentence Under S59(1)']
['criminal Law' 'sentencing'] ['leave to Appeal Against Severity of Sentence' 'non Parole Period' 'consecutive Sentence' 'variation of Commencement Date of Sentence Under S59(1)']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence; Supplementary Judgment on Variation of Commencement Date of Consecutive Sentence / Supplementary Judgment

Legal Issues

  1. 1 ['Whether the Court should exercise its power under s59(1) of the Crimes (Sentencing Procedure) Act 1999 to vary the commencement date of a consecutive sentence imposed after the original sentence but before the appeal was determined.']

Ratio Decidendi

Because the Court had reduced the applicant's non-parole period and a later consecutive sentence had been ordered to commence at the expiry of the original non-parole period, s59(1) empowered the Court to vary the commencement date of that consecutive sentence, and it was appropriate to do so so that the sentence commenced on 27 April 2002.

Court Disposition

Original orders varied by addition of an order changing the commencement date of the sentence imposed by McGuire DCJ.

Orders

  • ['Pursuant to s59(1) of the Crimes (Sentencing Procedure) Act 1999, the date of commencement of the sentence imposed on the applicant by McGuire DCJ on 26 October 2000 be varied so that that sentence commences on 27 April 2002.']