Regina v Walker [2004] NSWCCA 230

Regina v Walker [2004] NSWCCA 230

The continued revocation of parole was attributable to the commission of the subject offence and the aggravating factor of offending while on parole had already been considered in determining sentence; this resulted in an element of double punishment requiring correction. Commencement date of the sentence should be adjusted to reflect this.

Jurisdiction
Australia
Judgment Date
08 July 2004
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed; sentence quashed and substituted.
Legal Topics
['robbery in Company' 'sentencing' 'totality Principle' 'double Punishment' 'parole']
['criminal Law'] ['robbery in Company' 'sentencing' 'totality Principle' 'double Punishment' 'parole']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge failed to apply the principle of totality' 'Whether the sentencing judge imposed double punishment for committing an offence while on parole' 'Whether the commencement date of the sentence was correct in light of parole revocation']

Ratio Decidendi

The continued revocation of parole was attributable to the commission of the subject offence and the aggravating factor of offending while on parole had already been considered in determining sentence; this resulted in an element of double punishment requiring correction. Commencement date of the sentence should be adjusted to reflect this.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed and substituted.

Orders

  • ['Leave to appeal granted' 'Appeal allowed' 'Sentence quashed; imprisonment for forty three months and six days to commence on 6 June 2002 and expire on 11 January 2006' 'Non-parole period of twenty eight months and fifteen days to expire on 20 October 2004']