Regina v HALL [2005] NSWCCA 217

Regina v HALL [2005] NSWCCA 217

The sentencing judge failed to demonstrably account for the applicant's pre-sentence custody; the appeal should be allowed and sentences backdated to reflect time spent in custody.

Jurisdiction
Australia
Judgment Date
09 June 2005
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing
Outcome
Leave to appeal against sentence granted; appeal allowed; applicant re-sentenced.
Legal Topics
['sentencing' 'pre Sentence Custody' 'making False Instrument' 'possessing Implements for Making False Instrument' 'possessing Prohibited Drug' 'cultivating Prohibited Plant']
['criminal Law'] ['sentencing' 'pre Sentence Custody' 'making False Instrument' 'possessing Implements for Making False Instrument' 'possessing Prohibited Drug' 'cultivating Prohibited Plant']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 ["Did the sentencing judge demonstrably take into account the applicant's pre-sentence custody when fixing the commencement of sentences?"]

Ratio Decidendi

The sentencing judge failed to demonstrably account for the applicant's pre-sentence custody; the appeal should be allowed and sentences backdated to reflect time spent in custody.

Court Disposition

Leave to appeal against sentence granted; appeal allowed; applicant re-sentenced.

Orders

  • ['Sentences imposed by sentencing judge quashed.' 'For each of four offences of making a false instrument: non-parole period of two years commencing 22 May 2004 and expiring 21 May 2006 with balance of one year.' 'For each of four offences of possessing implements for making a false instrument: non-parole period of...