Murray v R [2024] NSWCCA 107

Murray v R [2024] NSWCCA 107

The sentencing judge erred by failing to consider totality in relation to the applicant's existing Local Court sentence when fixing the commencement date of the aggregate sentence. Although totality was applied to the subject offences themselves, the judge did not address whether the total period of custody for all offences adequately and fairly represented the applicant's total criminality. The appeal was allowed and, on resentencing, the aggregate sentence and non-parole period were maintained but the commencement date was further backdated by three months.

Jurisdiction
Australia
Judgment Date
21 June 2024
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Extension of Time in the Court of Criminal Appeal
Outcome
Leave to appeal and an extension of time were granted; the appeal against sentence was allowed; the District Court sentence was quashed and the applicant was resentenced.
Legal Topics
['totality' 'concurrency and Accumulation' 'aggregate Sentence' 'commencement Date of Sentence' 'extension of Time']
['crime' 'sentencing' 'criminal Appeals'] ['totality' 'concurrency and Accumulation' 'aggregate Sentence' 'commencement Date of Sentence' 'extension of Time']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Extension of Time in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in fixing the commencement date of the aggregate sentence by failing to consider the principle of totality in relation to the applicant's existing Local Court sentence for unrelated offences." 'Whether leave to appeal and an extension of time should be granted.' 'Whether the Court should resentence the applicant after error was established.']

Ratio Decidendi

The sentencing judge erred by failing to consider totality in relation to the applicant's existing Local Court sentence when fixing the commencement date of the aggregate sentence. Although totality was applied to the subject offences themselves, the judge did not address whether the total period of custody for all offences adequately and fairly represented the applicant's total criminality. The appeal was allowed and, on resentencing, the aggregate sentence and non-parole period were maintained but the commencement date was further backdated by three months.

Court Disposition

Leave to appeal and an extension of time were granted; the appeal against sentence was allowed; the District Court sentence was quashed and the applicant was resentenced.

Orders

  • ['Grant leave to appeal and extend the time within which to appeal.' 'The appeal against sentence is allowed.' 'The sentence imposed by Judge Coleman SC is quashed and in lieu thereof, the applicant is sentenced to an aggregate term of imprisonment of 6 years commencing on 26 September 2021 and expiring on 25...