PB v R [2025] NSWCCA 14

PB v R [2025] NSWCCA 14

The Court found that the sentencing judge erred in identifying the correct expiration date for the applicant's Victorian non-parole period and the judge's intention regarding the precise commencement date was insufficiently clear for correction as an arithmetical error. As a result, this error required the appellate court to re-exercise sentencing discretion. However, no lesser sentence was warranted, and the only variation was to backdate the commencement of the aggregate sentence from 4 March 2018 to 10 February 2018.

Parties
Applicant: PB; Respondent: Rex
Jurisdiction
Australia
Judgment Date
21 February 2025
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appeal Judgment
Outcome
Appeal allowed in part; aggregate sentence commencement date varied
Legal Topics
Sentence Appeal, Totality Principle, Backdating Sentences, Sentencing Discretion, Sexual Assault Offences
Criminal Law Sentence Appeal Totality Principle Backdating Sentences Sentencing Discretion Sexual Assault Offences

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Parties

PB

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred regarding the commencement date of the sentence for NSW offences
  2. 2 Whether the sentencing judge failed to properly apply the principle of totality in respect of the aggregate sentence

Ratio Decidendi

The Court found that the sentencing judge erred in identifying the correct expiration date for the applicant's Victorian non-parole period and the judge's intention regarding the precise commencement date was insufficiently clear for correction as an arithmetical error. As a result, this error required the appellate court to re-exercise sentencing discretion. However, no lesser sentence was warranted, and the only variation was to backdate the commencement of the aggregate sentence from 4 March 2018 to 10 February 2018.

Court Disposition

Appeal allowed in part; aggregate sentence commencement date varied

Orders

  • Grant leave to appeal.
  • Appeal allowed in part.