Callaghan v R [2006] NSWCCA 58

Callaghan v R [2006] NSWCCA 58

The sentencing judge had a discretion to make the sentences for the present offences wholly or partly cumulative upon the sentence the applicant was serving after revocation of parole. Given the applicant re-offended within a very short time of release on parole and the balance of the earlier term was short, it was open to treat the custody up to expiry of the parole period as referable to the earlier offences and to commence the new sentences after that period. No miscarriage of discretion was shown.

Jurisdiction
Australia
Judgment Date
10 March 2006
Procedural Posture
Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal Application Following District Court Sentence
Outcome
Application for leave to appeal against severity of sentence granted; appeal dismissed.
Legal Topics
['break and Enter With Intent to Steal' 'offences Committed While on Parole' 'revocation of Parole' 'cumulative Sentences' 'backdating Sentences' 'double Punishment']
['criminal Law' 'sentencing'] ['break and Enter With Intent to Steal' 'offences Committed While on Parole' 'revocation of Parole' 'cumulative Sentences' 'backdating Sentences' 'double Punishment']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal Application Following District Court Sentence

Legal Issues

  1. 1 ['Whether making the sentences for the present offences fully cumulative on the previous head sentence doubly punished the applicant for committing the offences while on parole.' 'Whether a sentencing judge has a discretion to backdate a sentence where parole has been revoked by reason of the offence for which the offender is to be sentenced.' "Whether the sentencing judge's exercise of discretion miscarried."]

Ratio Decidendi

The sentencing judge had a discretion to make the sentences for the present offences wholly or partly cumulative upon the sentence the applicant was serving after revocation of parole. Given the applicant re-offended within a very short time of release on parole and the balance of the earlier term was short, it was open to treat the custody up to expiry of the parole period as referable to the earlier offences and to commence the new sentences after that period. No miscarriage of discretion was shown.

Court Disposition

Application for leave to appeal against severity of sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']