R v Steven Ray HUGHES [2008] NSWDC 361

R v Steven Ray HUGHES [2008] NSWDC 361

Because both prosecution and defence accepted that a custodial sentence was appropriate and the offence was to be dealt with as a related offence, the Court imposed seven months imprisonment, backdated to 21 July 2007, concurrent with the existing custodial sentence or non-parole period. No non-parole period was set because the sentence had expired and was concurrent with an existing custodial sentence or existing non-parole period.

Jurisdiction
Australia
Judgment Date
24 September 2008
Procedural Posture
Criminal Sentencing / Sentence for Related Offence Under S 167 of the Criminal Procedure Act 1986
Outcome
Sentenced to 7 months imprisonment.
Legal Topics
['having an Offensive Implement Without Reasonable Excuse' 'related Offence' 'custodial Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['having an Offensive Implement Without Reasonable Excuse' 'related Offence' 'custodial Sentence' 'non Parole Period']

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Procedural Posture

Criminal Sentencing / Sentence for Related Offence Under S 167 of the Criminal Procedure Act 1986

Legal Issues

  1. 1 ['What sentence should be imposed for having in custody an offensive implement without reasonable excuse in a public place.' 'Whether the offence should be dealt with under s 167 of the Criminal Procedure Act 1986 as a related offence.' 'Whether a non-parole period should be set.']

Ratio Decidendi

Because both prosecution and defence accepted that a custodial sentence was appropriate and the offence was to be dealt with as a related offence, the Court imposed seven months imprisonment, backdated to 21 July 2007, concurrent with the existing custodial sentence or non-parole period. No non-parole period was set because the sentence had expired and was concurrent with an existing custodial sentence or existing non-parole period.

Court Disposition

Sentenced to 7 months imprisonment.

Orders

  • ['Steven Ray Hughes is sentenced to seven months imprisonment in respect of the offence of having in custody the offensive implement.' 'The sentence is to commence on 21 July 2007 and expire on 20 February 2008.' 'No non-parole period is set.']