Skondin v R [2006] NSWCCA 59

Skondin v R [2006] NSWCCA 59

Once the conviction for malicious wounding was quashed and verdict of not guilty entered, the sentence for armed robbery, previously made partially cumulative upon the now-quashed sentence, must be adjusted to recognise the applicant's time already served and not be referable to an offence in respect of which the applicant has been acquitted.

Parties
Applicant: Mark Shane Skondin; Respondent: Crown
Jurisdiction
Australia
Judgment Date
16 March 2006
Procedural Posture
Application for Leave to Appeal Against Sentence / Judgment on Leave to Appeal and Adjustment of Sentence Commencement Date
Outcome
leave to appeal granted; appeal allowed to the extent of adjusting commencement date of armed robbery sentence
Legal Topics
Armed Robbery, Malicious Wounding, Sentencing, Parole, Cumulative Sentences, Quashing Conviction
Criminal Law Armed Robbery Malicious Wounding Sentencing Parole Cumulative Sentences Quashing Conviction

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Parties

Mark Shane Skondin

Applicant

Crown

Respondent

Procedural Posture

Application for Leave to Appeal Against Sentence / Judgment on Leave to Appeal and Adjustment of Sentence Commencement Date

Legal Issues

  1. 1 whether the commencement date of the sentence for armed robbery should be adjusted following the quashing of the conviction for malicious wounding
  2. 2 whether custody prior to parole expiration can be treated as referable to earlier sentence in absence of parole revocation

Ratio Decidendi

Once the conviction for malicious wounding was quashed and verdict of not guilty entered, the sentence for armed robbery, previously made partially cumulative upon the now-quashed sentence, must be adjusted to recognise the applicant's time already served and not be referable to an offence in respect of which the applicant has been acquitted.

Court Disposition

leave to appeal granted; appeal allowed to the extent of adjusting commencement date of armed robbery sentence

Orders

  • leave to appeal granted
  • appeal allowed, to the extent only that the sentence imposed commence on 17 October 2002, the non-parole period to expire on 16 October 2005, and the total sentence to expire on 16 October 2008