Primmer v R [2023] NSWCCA 301

Primmer v R [2023] NSWCCA 301

The sentence was erroneously post-dated in contravention of s 47(5) of the Crimes (Sentencing Procedure) Act 1999 (NSW), given the applicant was serving the balance of his parole, and the delay in sentencing and the reasons for the revocation of parole warranted resentencing with the sentence commencing at the date of the guilty plea.

Parties
Applicant: Scott Primmer; Respondent: Rex
Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Resentencing
Outcome
Appeal allowed; sentence quashed and resentenced
Legal Topics
Appeal Against Sentence, Commencement Date of Sentence, Delay in Sentencing, Revocation of Parole, Manifest Excess
Criminal Law Appeal Against Sentence Commencement Date of Sentence Delay in Sentencing Revocation of Parole Manifest Excess

Case Brief

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Parties

Scott Primmer

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Resentencing

Legal Issues

  1. 1 Whether the sentencing judge erred in determining the commencement date of the sentence by failing to consider and apply s 47(5) of the Crimes (Sentencing Procedure) Act 1999 (NSW)
  2. 2 Whether delay in sentencing proceedings was properly considered and caused disadvantage
  3. 3 Whether revocation of parole due solely to the offence required backdating of the sentence

Ratio Decidendi

The sentence was erroneously post-dated in contravention of s 47(5) of the Crimes (Sentencing Procedure) Act 1999 (NSW), given the applicant was serving the balance of his parole, and the delay in sentencing and the reasons for the revocation of parole warranted resentencing with the sentence commencing at the date of the guilty plea.

Court Disposition

Appeal allowed; sentence quashed and resentenced

Orders

  • Leave to appeal granted.
  • Appeal allowed.