Mirojub LUKENIC v R [2008] NSWCCA 250

Mirojub LUKENIC v R [2008] NSWCCA 250

The sentencing judge erred by not giving credit for the full period of pre-sentence custody; the applicant was entitled to have sentences backdated to account for the entire period.

Parties
Applicant: Mirojub LUKENIC; Crown: REGINA
Jurisdiction
Australia
Judgment Date
28 October 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Hearing
Outcome
Leave to appeal granted; appeal allowed; sentences quashed and new sentences imposed with revised commencement dates to give full credit for pre-sentence custody.
Legal Topics
Severity of Sentence, Application for Leave to Appeal, Pre Sentence Custody Credit, Receiving Stolen Property, Sentencing Procedure
Criminal Law Severity of Sentence Application for Leave to Appeal Pre Sentence Custody Credit Receiving Stolen Property Sentencing Procedure

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Parties

Mirojub LUKENIC

Applicant

REGINA

Crown

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Hearing

Legal Issues

  1. 1 Whether the sentencing judge failed to give proper allowance for pre-sentence custody

Ratio Decidendi

The sentencing judge erred by not giving credit for the full period of pre-sentence custody; the applicant was entitled to have sentences backdated to account for the entire period.

Court Disposition

Leave to appeal granted; appeal allowed; sentences quashed and new sentences imposed with revised commencement dates to give full credit for pre-sentence custody.

Orders

  • Leave to appeal granted
  • Appeal allowed, sentences quashed and in lieu thereof the following sentences imposed: