Brendan White v R [2009] NSWCCA 118

Brendan White v R [2009] NSWCCA 118

Judge English had the applicant's pre-sentence custody clearly in mind and gave credit for it by accepting counsel's submission to impose a sentence of less than two years and suspend its execution. Because that custody had already been taken into account, Judge Hock was correct to proceed on that assumption when revoking the bond and was not shown to have erred by not backdating the sentence.

Jurisdiction
Australia
Judgment Date
23 April 2009
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['suspended Sentence' 'pre Sentence Custody' 'revocation of Good Behaviour Bond' 'non Parole Period' 'backdating Sentence']
['criminal Law' 'sentencing'] ['suspended Sentence' 'pre Sentence Custody' 'revocation of Good Behaviour Bond' 'non Parole Period' 'backdating Sentence']

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 Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether Judge English failed to demonstrably take into account the applicant's pre-sentence custody when imposing the suspended sentence for affray." 'Whether Judge Hock erred by failing to backdate the sentence after revoking the bond to take into account pre-sentence custody.']

Ratio Decidendi

Judge English had the applicant's pre-sentence custody clearly in mind and gave credit for it by accepting counsel's submission to impose a sentence of less than two years and suspend its execution. Because that custody had already been taken into account, Judge Hock was correct to proceed on that assumption when revoking the bond and was not shown to have erred by not backdating the sentence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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