Paul Darcey Armstrong v R [2013] NSWCCA 137

Paul Darcey Armstrong v R [2013] NSWCCA 137

The Court exercised its power under s 59 of the Crimes (Sentencing Procedure) Act 1999 to vary only the commencement dates, not the terms, of existing sentences to prevent a custodial hiatus resulting from the quashing of the primary conviction and sentence.

Jurisdiction
Australia
Judgment Date
11 June 2013
Procedural Posture
Criminal Appeal / Variation of Sentence Following Successful Appeal and Quashing of Conviction
Outcome
Sentences varied as to commencement dates only; no variation to terms or non-parole period.
Legal Topics
['variation of Sentence' 'commencement Date of Sentence' 'quashed Conviction' 'section 59 Crimes (sentencing Procedure) Act 1999']
['criminal Law'] ['variation of Sentence' 'commencement Date of Sentence' 'quashed Conviction' 'section 59 Crimes (sentencing Procedure) Act 1999']

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Procedural Posture

Criminal Appeal / Variation of Sentence Following Successful Appeal and Quashing of Conviction

Legal Issues

  1. 1 ['Whether the commencement dates of sentences for unrelated offences should be varied following quashing of the primary conviction and sentence']

Ratio Decidendi

The Court exercised its power under s 59 of the Crimes (Sentencing Procedure) Act 1999 to vary only the commencement dates, not the terms, of existing sentences to prevent a custodial hiatus resulting from the quashing of the primary conviction and sentence.

Court Disposition

Sentences varied as to commencement dates only; no variation to terms or non-parole period.

Orders

  • ['Vary the sentences imposed upon the appellant by her Honour Murrell DCJ on 13 August 2010 as follows: (1) Sexual intercourse without consent: imprisonment for a fixed term of 2 years and 6 months to commence on 4 December 2008 and to expire on 3 June 2011; (2) Sexual intercourse without consent: imprisonment for 4...