REGINA v. D'ALENCON [2003] NSWCCA 269

REGINA v. D'ALENCON [2003] NSWCCA 269

Although the sentencing judge made technical errors in his approach to the cumulation and concurrency of the sentences and the fixing of the non-parole period, the sentences for counts one and two should be confirmed, but the commencement of the sentence and non-parole period for count three should be backdated by one year, ensuring the total required time in custody better reflects the totality of criminality and mitigating circumstances.

Jurisdiction
Australia
Judgment Date
19 September 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Sentences for counts one and two confirmed; sentence and non-parole period for count three confirmed but to date from 26 July 2002. Applicant eligible for release on parole on 25 July 2005.
Legal Topics
['sentencing' 'totality Principle' 'cumulation and Concurrency of Sentences' 'ongoing Drug Supply' 'non Parole Periods']
['criminal Law'] ['sentencing' 'totality Principle' 'cumulation and Concurrency of Sentences' 'ongoing Drug Supply' 'non Parole Periods']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentences imposed for three drug supply offences correctly reflected the totality of criminality involved' 'Whether the approach to cumulation, concurrency, and non-parole periods was proper' 'Whether technical errors in sentencing warranted appellate intervention']

Ratio Decidendi

Although the sentencing judge made technical errors in his approach to the cumulation and concurrency of the sentences and the fixing of the non-parole period, the sentences for counts one and two should be confirmed, but the commencement of the sentence and non-parole period for count three should be backdated by one year, ensuring the total required time in custody better reflects the totality of criminality and mitigating circumstances.

Court Disposition

Sentences for counts one and two confirmed; sentence and non-parole period for count three confirmed but to date from 26 July 2002. Applicant eligible for release on parole on 25 July 2005.

Orders

  • ['Sentences in respect of counts one and two are confirmed.' 'Sentence and non-parole period for count three are confirmed but are to date from 26 July 2002.' 'Applicant will be eligible for release on parole on 25 July 2005.']