R V Jamieson [2009] NSWLC 11

R V Jamieson [2009] NSWLC 11

The 12 month suspended sentence for Mr Jamieson's mid-range PCA offence was contrary to law because the applicable maximum imprisonment term was 9 months: his unlicensed driving conviction was not a major offence and did not make the mid-range PCA offence a second or subsequent offence. The Local Court had power under s 43 of the Crimes (Sentencing Procedure) Act 1999 to reopen and correct the sentence, and in the circumstances Magistrate Heilpern would deal with the correction rather than sending it back to the original sentencing magistrate.

Jurisdiction
Australia
Judgment Date
16 June 2009
Procedural Posture
Criminal / Determination of Sentencing Error and Correction Before Sentencing for Fresh Offences
Outcome
Sentencing error found; the court determined it would proceed to hear submissions on the penalty to be imposed for the original offences and then for the fresh offences.
Legal Topics
['suspended Sentence' 'sentence Correction' 'prescribed Concentration of Alcohol Offence' 'disqualified Driving' 'appeal Rights After Correction of Sentence']
['criminal Law' 'sentencing' 'traffic Law'] ['suspended Sentence' 'sentence Correction' 'prescribed Concentration of Alcohol Offence' 'disqualified Driving' 'appeal Rights After Correction of Sentence']

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Procedural Posture

Criminal / Determination of Sentencing Error and Correction Before Sentencing for Fresh Offences

Legal Issues

  1. 1 ['Whether there had been a sentencing error in imposing a 12 month suspended sentence for mid-range PCA' 'Who should correct any sentencing error' 'What the effect of any correction would be' 'What appeal rights the defendant had following any correction']

Ratio Decidendi

The 12 month suspended sentence for Mr Jamieson's mid-range PCA offence was contrary to law because the applicable maximum imprisonment term was 9 months: his unlicensed driving conviction was not a major offence and did not make the mid-range PCA offence a second or subsequent offence. The Local Court had power under s 43 of the Crimes (Sentencing Procedure) Act 1999 to reopen and correct the sentence, and in the circumstances Magistrate Heilpern would deal with the correction rather than sending it back to the original sentencing magistrate.

Court Disposition

Sentencing error found; the court determined it would proceed to hear submissions on the penalty to be imposed for the original offences and then for the fresh offences.

Orders

  • ['There has been a sentencing error, in that the maximum penalty for the offence was nine months imprisonment.']