Houcher v R [2018] NSWCCA 96

Houcher v R [2018] NSWCCA 96

The sentencing judge's decision to backdate the sentence to 25 January 2016 was deliberate, reasonable, and made for reasons of totality; there is no evidence that the 3 months of pre-sentence remand were overlooked and the judgment was within the discretion accorded to the judge in sentencing.

Parties
Applicant: Imran Houcher; Respondent: Regina
Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Time Served on Remand, Aggregation of Sentences
Criminal Law Sentencing Time Served on Remand Aggregation of Sentences

Case Brief

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Parties

Imran Houcher

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to take one period of custody (3 months of pre-sentence remand) into account when imposing the aggregate sentence for robbery

Ratio Decidendi

The sentencing judge's decision to backdate the sentence to 25 January 2016 was deliberate, reasonable, and made for reasons of totality; there is no evidence that the 3 months of pre-sentence remand were overlooked and the judgment was within the discretion accorded to the judge in sentencing.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal against the sentence imposed by the District Court on 5 May 2017 is granted.
  • The appeal is dismissed.