Regina v Shane Patrick O'DONOHUE (No. 2) [2001] NSWCCA 495

Regina v Shane Patrick O'DONOHUE (No. 2) [2001] NSWCCA 495

Section 59 of the Crimes (Sentencing Procedure) Act 1999 did not empower the Court to vary the commencement date of the Bathurst Local Court sentence because that sentence was partly concurrent with and partly consecutive upon the non-parole period of the quashed arson sentence, and was not a "consecutive sentence" within the meaning of s 59.

Jurisdiction
Australia
Judgment Date
05 December 2001
Procedural Posture
Criminal Sentence Adjustment Application / Application in the Court of Criminal Appeal to Vary the Commencement Date of a Sentence Pursuant to S 59 of the Crimes (sentencing Procedure) Act 1999 After the Appellant's Arson Conviction and Sentence Had Been Quashed
Outcome
Application refused
Legal Topics
['variation of Commencement Date of Sentence' 'consecutive Sentences' 'partly Concurrent and Partly Consecutive Sentences' 'effect of Quashed Sentence on Other Sentences']
['criminal Law' 'sentencing' 'statutory Interpretation'] ['variation of Commencement Date of Sentence' 'consecutive Sentences' 'partly Concurrent and Partly Consecutive Sentences' 'effect of Quashed Sentence on Other Sentences']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Adjustment Application / Application in the Court of Criminal Appeal to Vary the Commencement Date of a Sentence Pursuant to S 59 of the Crimes (sentencing Procedure) Act 1999 After the Appellant's Arson Conviction and Sentence Had Been Quashed

Legal Issues

  1. 1 ['Whether s 59 of the Crimes (Sentencing Procedure) Act 1999 permits the Court to vary the commencement date of a sentence that is partly concurrent with and partly consecutive upon a sentence or non-parole period that has been quashed.' 'Whether the expression "consecutive sentence" in s 59 includes a sentence that is partly consecutive on another sentence.']

Ratio Decidendi

Section 59 of the Crimes (Sentencing Procedure) Act 1999 did not empower the Court to vary the commencement date of the Bathurst Local Court sentence because that sentence was partly concurrent with and partly consecutive upon the non-parole period of the quashed arson sentence, and was not a "consecutive sentence" within the meaning of s 59.

Court Disposition

Application refused

Orders

  • ['Application to vary the commencement date of the sentence imposed in the Bathurst Local Court on 7 August 2001 pursuant to s 59 of the Crimes (Sentencing Procedure) Act 1999 refused.']