Regina v CHEN [2004] NSWCCA 369

Regina v CHEN [2004] NSWCCA 369

Time spent in custody unrelated to the offence for which sentence is imposed does not warrant backdating or require further reduction in the head sentence. The sentence imposed properly accounted for the offender's particular circumstances and the gravity of the offence.

Parties
Applicant: Pei Lin Chen; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
25 October 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted, but appeal dismissed
Legal Topics
Aggravated Break Enter and Steal, Sentencing, Time in Custody, Totality Principle, Manifestly Excessive Sentence
Criminal Law Aggravated Break Enter and Steal Sentencing Time in Custody Totality Principle Manifestly Excessive Sentence

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Parties

Pei Lin Chen

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to take into account or have proper regard to time spent by the applicant in custody
  2. 2 Whether the sentencing judge failed to properly apply the totality principle
  3. 3 Whether the sentencing judge erred by failing to backdate the sentence

Ratio Decidendi

Time spent in custody unrelated to the offence for which sentence is imposed does not warrant backdating or require further reduction in the head sentence. The sentence imposed properly accounted for the offender's particular circumstances and the gravity of the offence.

Court Disposition

Leave to appeal granted, but appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed