R v Atkin [2001] NSWCCA 54

R v Atkin [2001] NSWCCA 54

Although Judge Bellear erred in backdating the drug supply sentences to run concurrently with sentences for driving whilst disqualified, resulting in an inadequate reflection of the total criminality, the Crown appeal should be dismissed given the respondent's imminent parole and the Crown's equivocal stance at sentencing.

Parties
Applicant: Regina; Respondent: Stephen Bruce Atkin
Jurisdiction
Australia
Judgment Date
20 February 2001
Procedural Posture
Crown Appeal Against Sentence / Appeal
Outcome
Crown appeal against sentence dismissed.
Legal Topics
Sentencing, Drugs Offences, Concurrent and Cumulative Sentencing, Crown Appeals, Specific and General Deterrence
Criminal Law Sentencing Drugs Offences Concurrent and Cumulative Sentencing Crown Appeals Specific and General Deterrence

Case Brief

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Parties

Regina

Applicant

Stephen Bruce Atkin

Respondent

Procedural Posture

Crown Appeal Against Sentence / Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in backdating sentences to run concurrently with sentences for unrelated driving offences, and whether the sentence imposed failed to reflect the total criminality of the offences.

Ratio Decidendi

Although Judge Bellear erred in backdating the drug supply sentences to run concurrently with sentences for driving whilst disqualified, resulting in an inadequate reflection of the total criminality, the Crown appeal should be dismissed given the respondent's imminent parole and the Crown's equivocal stance at sentencing.

Court Disposition

Crown appeal against sentence dismissed.

Orders

  • The Crown appeal is dismissed.