R v Bonat (No.2) [2004] NSWCCA 242

R v Bonat (No.2) [2004] NSWCCA 242

The Shadbolt DCJ sentence had been fixed to commence on the expiration of the effective non-parole period under sentences imposed by Norrish DCJ, which had now been quashed on appeal. Section 59 empowered the Court to vary the commencement date of the other sentence, and the Crown did not object, so the Court made the order sought.

Jurisdiction
Australia
Judgment Date
19 July 2004
Procedural Posture
Criminal Appeal / Application to Vary Commencement Date of Sentence After Appeal Against Convictions Allowed
Outcome
Sentence varied pursuant to s59 of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['variation of Sentence' 'commencement Date of Sentence' 'non Parole Period']
['criminal Law'] ['variation of Sentence' 'commencement Date of Sentence' 'non Parole Period']

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Procedural Posture

Criminal Appeal / Application to Vary Commencement Date of Sentence After Appeal Against Convictions Allowed

Legal Issues

  1. 1 ['Whether the sentence imposed by Shadbolt DCJ on 10 October 2003 should be varied under s 59 of the Crimes (Sentencing Procedure) Act 1999 after the sentences imposed by Norrish DCJ were quashed.']

Ratio Decidendi

The Shadbolt DCJ sentence had been fixed to commence on the expiration of the effective non-parole period under sentences imposed by Norrish DCJ, which had now been quashed on appeal. Section 59 empowered the Court to vary the commencement date of the other sentence, and the Crown did not object, so the Court made the order sought.

Court Disposition

Sentence varied pursuant to s59 of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['The sentence imposed by Shadbolt DCJ on 10 October 2003, consisting of a one year non-parole period commencing 6 March 2007 and expiring on 5 March 2008 and a three year parole period expiring on 5 March 2011, be varied pursuant to s59 of the Crimes (Sentencing Procedure) Act 1999 so that the sentence commences on...