KDOUH v. REGINA [2006] NSWCCA 140

KDOUH v. REGINA [2006] NSWCCA 140

The sentencing judge had a discretion not to backdate the sentences to the applicant's arrest, and no error was shown given the brief disputed period, the applicant's repeated parole breach, and the fact that backdating would effectively leave the second breach unpunished. The three-year concurrent sentences with...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 April 2006
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed by the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply of Prohibited Drug' 'parole Revocation and Backdating of Sentence' 'double Punishment' 'manifest Excess' 'non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'parole Revocation and Backdating of Sentence' 'double Punishment' 'manifest Excess' 'non Parole Period']

Source-derived case record

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed by the District Court

Legal Issues

  1. 1 ["Whether the sentences contained an element of double punishment because the sentencing judge did not backdate them to the applicant's arrest after parole was revoked." 'Whether concurrent sentences of three years imprisonment with non-parole periods of two years for the supply offences were manifestly excessive.']

Ratio Decidendi

The sentencing judge had a discretion not to backdate the sentences to the applicant's arrest, and no error was shown given the brief disputed period, the applicant's repeated parole breach, and the fact that backdating would effectively leave the second breach unpunished. The three-year concurrent sentences with two-year non-parole periods were within the range open to the sentencing judge having regard to the offences, the maximum penalty, the applicant's record, offending while on parole, and the discount given.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal granted.' 'Appeal dismissed.']