R v Rose [2001] NSWCCA 370

R v Rose [2001] NSWCCA 370

The sentencing judge expressly stated that he had taken into account the period spent in custody, and the context showed that he did so both in fixing the length of sentence and in determining the commencement date. Section 47(3) required the custody to be taken into account but did not compel the sentence to be back-dated. No sentencing error was established.

Jurisdiction
Australia
Judgment Date
09 July 2001
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Determination of Leave and Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sexual Intercourse Without Consent' 'assault Occasioning Actual Bodily Harm' 'pre Sentence Custody' 'commencement of Sentence' 'backdating Sentence']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'assault Occasioning Actual Bodily Harm' 'pre Sentence Custody' 'commencement of Sentence' 'backdating Sentence']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Determination of Leave and Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge complied with s 47(3) of the Crimes (Sentencing Procedure) Act 1999 by taking into account the applicant's pre-sentence custody when determining sentence commencement." 'Whether the sentences should be disturbed because the sentencing judge did not back-date them to accommodate pre-sentence custody.']

Ratio Decidendi

The sentencing judge expressly stated that he had taken into account the period spent in custody, and the context showed that he did so both in fixing the length of sentence and in determining the commencement date. Section 47(3) required the custody to be taken into account but did not compel the sentence to be back-dated. No sentencing error was established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']