Regina v Karageorge [1999] NSWCCA 213

Regina v Karageorge [1999] NSWCCA 213

Where an applicant was held in custody pending trial for offences for which he was ultimately sentenced, credit for time served must be given even where, during that same period, the applicant was also serving a sentence for another conviction later quashed.

Parties
Appellant: Regina; Respondent: Constantine Karageorge
Jurisdiction
Australia
Judgment Date
30 July 1999
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
Appeal allowed. Sentence set aside. Re-sentenced.
Legal Topics
Sentencing, Credit for Time in Custody, Concurrent Sentences
Criminal Law Sentencing Credit for Time in Custody Concurrent Sentences

Case Brief

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Parties

Regina

Appellant

Constantine Karageorge

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the offender is entitled to credit for time in custody pending trial where that period overlaps a sentence for another conviction later quashed

Ratio Decidendi

Where an applicant was held in custody pending trial for offences for which he was ultimately sentenced, credit for time served must be given even where, during that same period, the applicant was also serving a sentence for another conviction later quashed.

Court Disposition

Appeal allowed. Sentence set aside. Re-sentenced.

Orders

  • Application for leave to appeal granted.
  • Appeal allowed.