MK v R (No 2) [2014] NSWCCA 340

MK v R (No 2) [2014] NSWCCA 340

Because the convictions in Counts 1, 2 and 3 had been quashed and the robbery sentence had been partially accumulated upon those sentences, s 59 of the Crimes (Sentencing Procedure) Act 1999 empowered the Court to vary the commencement date of the robbery sentence. The variation gave effect to Judge Quirk's express intention that the sentences commence two months after the applicant was taken into custody, namely 9 April 2011.

Jurisdiction
Australia
Judgment Date
22 December 2014
Procedural Posture
Criminal Law; Consequential Orders Following Successful Conviction Appeal / On the Papers
Outcome
The commencement date for the robbery sentence was varied.
Legal Topics
['variation of Commencement Date of Sentence' 'consequential Orders After Convictions Quashed' 'non Parole Period']
['criminal Law' 'sentencing'] ['variation of Commencement Date of Sentence' 'consequential Orders After Convictions Quashed' 'non Parole Period']

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Procedural Posture

Criminal Law; Consequential Orders Following Successful Conviction Appeal / On the Papers

Legal Issues

  1. 1 ["Whether the commencement date of the sentence for the unrelated robbery offence should be varied after the applicant's convictions on Counts 1, 2 and 3 were quashed." 'Whether s 59 of the Crimes (Sentencing Procedure) Act 1999 empowered the Court to adjust the commencement date of the robbery sentence.']

Ratio Decidendi

Because the convictions in Counts 1, 2 and 3 had been quashed and the robbery sentence had been partially accumulated upon those sentences, s 59 of the Crimes (Sentencing Procedure) Act 1999 empowered the Court to vary the commencement date of the robbery sentence. The variation gave effect to Judge Quirk's express intention that the sentences commence two months after the applicant was taken into custody, namely 9 April 2011.

Court Disposition

The commencement date for the robbery sentence was varied.

Orders

  • ['The commencement date for the robbery offence which occurred on 7 February 2011 is varied so that the sentence imposed on the applicant should now read: "Imprisonment with a non-parole period of 18 months commencing 9 April 2011 and expiring 8 October 2012 with a balance of term of 18 months expiring 8 April 2014."']