REGINA v. MACBAIN [2005] NSWCCA 358

REGINA v. MACBAIN [2005] NSWCCA 358

The sentencing judge erred in not backdating the sentence to the date the applicant entered custody, constituting double punishment, but otherwise the sentences imposed were not manifestly excessive given the applicant’s significant criminal history and the overall seriousness of the offences. No separate discount for remorse was required by law.

Jurisdiction
Australia
Judgment Date
20 October 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal
Outcome
Leave to appeal granted; appeal allowed in relation to commencement date of sentences, otherwise dismissed.
Legal Topics
['sentencing' 'concurrent Sentences' 'backdating Sentence' 'manifestly Excessive Sentence' 'double Punishment' 'remorse Discounts']
['criminal Law'] ['sentencing' 'concurrent Sentences' 'backdating Sentence' 'manifestly Excessive Sentence' 'double Punishment' 'remorse Discounts']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by not backdating the sentence to the date of pre-sentence custody, thus causing double punishment' 'Whether the sentences imposed were manifestly excessive and whether a lesser overall sentence was warranted at law' 'Whether a separate discount for remorse or contrition was required']

Ratio Decidendi

The sentencing judge erred in not backdating the sentence to the date the applicant entered custody, constituting double punishment, but otherwise the sentences imposed were not manifestly excessive given the applicant’s significant criminal history and the overall seriousness of the offences. No separate discount for remorse was required by law.

Court Disposition

Leave to appeal granted; appeal allowed in relation to commencement date of sentences, otherwise dismissed.

Orders

  • ['Leave to appeal be granted' 'The appeal is allowed in relation to the commencement date of each of the sentences imposed in respect of count 1 and count 2; otherwise, the appeal is dismissed.' 'Count 1: term of imprisonment of two years and six months commencing on 8 May 2004 with a non-parole period of one year...