Riad Taha v R. [2017] NSWDC 180

Riad Taha v R. [2017] NSWDC 180

The state of the current law does not allow the punishment for possession of contraband by an inmate to commence at the expiration of a non-parole period due to the effect of s 58 of the Crimes (Sentencing Procedure) Act, necessitating the backdating of the sentence to the date of conviction.

Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Severity Appeal / Decision
Outcome
appeal allowed
Legal Topics
['offender With Mobile Phone in Custodial Setting' 'limits on Start Date of Sentence' 'sentencing' 'corrective Services']
['criminal Law'] ['offender With Mobile Phone in Custodial Setting' 'limits on Start Date of Sentence' 'sentencing' 'corrective Services']

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Procedural Posture

Severity Appeal / Decision

Legal Issues

  1. 1 ['Whether the Local Court was empowered to set the commencement date of a custodial sentence after the non-parole period for an aggregate sentence' 'Effect of s 58 of the Crimes (Sentencing Procedure) Act on new sentences for inmates already serving significant periods']

Ratio Decidendi

The state of the current law does not allow the punishment for possession of contraband by an inmate to commence at the expiration of a non-parole period due to the effect of s 58 of the Crimes (Sentencing Procedure) Act, necessitating the backdating of the sentence to the date of conviction.

Court Disposition

appeal allowed

Orders

  • ['Appeal allowed.' 'Conviction confirmed.' 'Three month fixed term of imprisonment confirmed.' 'Start date of sentence varied from 10 January 2020 to 20 March 2017.' 'Registrar to forward copy of remarks to Minister for Correctional Services and Attorney General.' 'Copy of remarks to be placed on the case law...