R v X [2017] NSWSC 3

R v X [2017] NSWSC 3

Where an offender does not appear for sentencing, the court may decline to specify the commencement date for the sentence under s 14A of the Criminal Appeal Act 1912, and must specify the commencement date when the offender appears before the court.

Jurisdiction
Australia
Judgment Date
10 January 2017
Procedural Posture
Crown Appeal Against Sentence / Sentence Determination Following Respondent's Appearance
Outcome
Crown appeal allowed; respondent sentenced to fixed term imprisonment commencing 9 January 2017; court record to be amended.
Legal Topics
['sentence' 'criminal Appeal Act S 14 A' 'procedure: Sentencing in Absence of Respondent' 'commencement Date of Sentence']
['criminal Law'] ['sentence' 'criminal Appeal Act S 14 A' 'procedure: Sentencing in Absence of Respondent' 'commencement Date of Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Crown Appeal Against Sentence / Sentence Determination Following Respondent's Appearance

Legal Issues

  1. 1 ['How should the sentence commencement date be specified when the respondent did not appear for sentencing?' 'Does s 14A of the Criminal Appeal Act 1912 permit variation of the commencement date after the respondent appears before the court?']

Ratio Decidendi

Where an offender does not appear for sentencing, the court may decline to specify the commencement date for the sentence under s 14A of the Criminal Appeal Act 1912, and must specify the commencement date when the offender appears before the court.

Court Disposition

Crown appeal allowed; respondent sentenced to fixed term imprisonment commencing 9 January 2017; court record to be amended.

Orders

  • ['Under s 14A Criminal Appeal Act 1912, the sentence imposed by the judgment of the Court delivered on 9 December 2016 is to commence on 9 January 2017 and expire on 20 February 2017. The offender is to be released upon the expiration of the sentence.' "Direct that the record of the Court and the registrar's...