Regina v John Paul Newland [2002] NSWCCA 64

Regina v John Paul Newland [2002] NSWCCA 64

The period of pre-sentence custody could have been overlooked, and because the Crown did not oppose the alternative relief, the Court vacated the earlier summary dismissal of leave to appeal, granted leave in respect of the outstanding malicious wounding sentence, allowed the appeal as to that sentence, quashed it, and imposed a replacement sentence commencing on 4 December 1997 to account for the custody period.

Jurisdiction
Australia
Judgment Date
05 March 2002
Procedural Posture
Criminal Sentence Appeal/application / Application in the New South Wales Court of Criminal Appeal to Alter Sentences Under S.43 of the Crimes (sentencing Procedure) Act 1999, Alternatively for Leave to Appeal Against Sentence
Outcome
No order was made in proceedings 60119 of 1997. In proceedings 60548 of 1997, the prior summary dismissal order was vacated, leave to appeal was granted, the appeal was allowed in respect of the malicious wounding sentence, the sentence was quashed, and a replacement sentence was imposed commencing on 4 December 1997.
Legal Topics
['backdating Sentence' 'pre Sentence Custody' 'leave to Appeal Against Sentence' 'maliciously Wounding With Intent to Do Grievous Bodily Harm']
['criminal Law' 'criminal Procedure' 'sentencing'] ['backdating Sentence' 'pre Sentence Custody' 'leave to Appeal Against Sentence' 'maliciously Wounding With Intent to Do Grievous Bodily Harm']

Case Brief

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Procedural Posture

Criminal Sentence Appeal/application / Application in the New South Wales Court of Criminal Appeal to Alter Sentences Under S.43 of the Crimes (sentencing Procedure) Act 1999, Alternatively for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the applicant's sentence should be backdated to reflect pre-sentence custody from 4 December 1995 to 9 February 1996." 'Whether s.43 of the Crimes (Sentencing Procedure) Act 1999 was wide enough to permit the order sought and whether the Court of Criminal Appeal was the appropriate court to make such orders.' 'Whether the prior order summarily dismissing the application for leave to appeal against sentence should be vacated and leave granted in respect of the one sentence not fully served.']

Ratio Decidendi

The period of pre-sentence custody could have been overlooked, and because the Crown did not oppose the alternative relief, the Court vacated the earlier summary dismissal of leave to appeal, granted leave in respect of the outstanding malicious wounding sentence, allowed the appeal as to that sentence, quashed it, and imposed a replacement sentence commencing on 4 December 1997 to account for the custody period.

Court Disposition

No order was made in proceedings 60119 of 1997. In proceedings 60548 of 1997, the prior summary dismissal order was vacated, leave to appeal was granted, the appeal was allowed in respect of the malicious wounding sentence, the sentence was quashed, and a replacement sentence was imposed commencing on 4 December 1997.

Orders

  • ['No order made in proceedings 60119 of 1997.' 'In proceedings 60548 of 1997, vacate the order of 7 September 1997 of this Court summarily dismissing the application for leave to appeal against sentence in respect of the offence of maliciously wounding with intent.' 'Grant leave to appeal against the sentence...