Regina v Delaney [2003] NSWCCA 342

Regina v Delaney [2003] NSWCCA 342

The sentencing judge erred in not allowing credit for approximately six and a half months the applicant spent in strict residential drug rehabilitation programs, which amounted to quasi-custody. A three-month reduction in sentence was appropriate given these facts.

Jurisdiction
Australia
Judgment Date
14 November 2003
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Leave to Appeal Sentence
Outcome
Leave to appeal granted; appeal allowed; sentence quashed and substituted; applicant re-sentenced
Legal Topics
['sentencing' 'credit for Time in Rehabilitation' 'quasi Custody' 'drug Rehabilitation Programs']
['criminal Law'] ['sentencing' 'credit for Time in Rehabilitation' 'quasi Custody' 'drug Rehabilitation Programs']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal – Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether time spent in residential drug rehabilitation programs should be credited as quasi-custody when sentencing' 'Whether sentencing judge erred by refusing to give credit for such periods']

Ratio Decidendi

The sentencing judge erred in not allowing credit for approximately six and a half months the applicant spent in strict residential drug rehabilitation programs, which amounted to quasi-custody. A three-month reduction in sentence was appropriate given these facts.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed and substituted; applicant re-sentenced

Orders

  • ['Leave to appeal against sentence granted.' 'Quash the sentence for the offence of robbery in company and in lieu impose a sentence of imprisonment for three years nine months commencing on 26 September 2002, with a non-parole period of one year ten and a half months commencing on 26 September 2002 and expiring on...