Keen v The Queen [2000] FCA 940

Keen v The Queen [2000] FCA 940

The sentence imposed should have taken into account the time served in custody from 27 January 1999, either by backdating the sentence or by an express acknowledgement in accordance with s 451(1) of the Crimes Act 1900 (ACT). Failure to do so constituted error requiring the sentence to be varied so that it commenced on 27 January 1999.

Jurisdiction
Australia
Judgment Date
12 July 2000
Procedural Posture
Criminal Appeal / Appeal Against Severity of Sentence; Application for Extension of Time
Outcome
Appeal allowed; sentence varied
Legal Topics
['commencement of Sentence' 'time Spent in Custody' 'backdating Sentences']
['criminal Law'] ['commencement of Sentence' 'time Spent in Custody' 'backdating Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Severity of Sentence; Application for Extension of Time

Legal Issues

  1. 1 ['Whether time spent in custody prior to sentencing must be taken into account under s 451(1) of the Crimes Act 1900 (ACT)' 'Whether the sentence should be backdated to reflect time already served' 'Interpretation and application of s 441A and s 451(1) of the Crimes Act 1900 (ACT)']

Ratio Decidendi

The sentence imposed should have taken into account the time served in custody from 27 January 1999, either by backdating the sentence or by an express acknowledgement in accordance with s 451(1) of the Crimes Act 1900 (ACT). Failure to do so constituted error requiring the sentence to be varied so that it commenced on 27 January 1999.

Court Disposition

Appeal allowed; sentence varied

Orders

  • ['Application for extension of time granted' 'Hearing of application treated as hearing of appeal' 'Appeal allowed' 'Judgment of Supreme Court set aside' 'Sentence in Magistrates Court varied to commence on 27 January 1999']