Newton, Timothy v R [2009] NSWDC 161

Newton, Timothy v R [2009] NSWDC 161

The appeal was allowed because the Local Court sentences were not backdated to recognise one month and twenty-one days of custody directly attributable to the offences, an oversight of particular significance because Mr Newton was unrepresented before the magistrate. The sentences were therefore varied to commence on 3 March 2008, despite the concurrency of the sentences already making them lenient.

Jurisdiction
Australia
Judgment Date
08 May 2009
Procedural Posture
Criminal Sentence Appeal / Appeal From Sentences Imposed in the Local Court
Outcome
The appeal is allowed. The sentences are varied to commence on 3 March 2008. In all other respects the orders of the magistrate are confirmed.
Legal Topics
['sentence Appeal' 'concurrent Sentences' 'backdating Sentences' 'pre Sentence Custody' 'unrepresented Accused']
['criminal Law'] ['sentence Appeal' 'concurrent Sentences' 'backdating Sentences' 'pre Sentence Custody' 'unrepresented Accused']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal From Sentences Imposed in the Local Court

Legal Issues

  1. 1 ['Whether the sentences imposed in the Local Court were too severe because they were not backdated to take into account one month and twenty-one days of pre-sentence custody.' 'Whether the existing concurrency of the sentences meant that no further adjustment should be made.']

Ratio Decidendi

The appeal was allowed because the Local Court sentences were not backdated to recognise one month and twenty-one days of custody directly attributable to the offences, an oversight of particular significance because Mr Newton was unrepresented before the magistrate. The sentences were therefore varied to commence on 3 March 2008, despite the concurrency of the sentences already making them lenient.

Court Disposition

The appeal is allowed. The sentences are varied to commence on 3 March 2008. In all other respects the orders of the magistrate are confirmed.

Orders

  • ['Under s 20(2) of the Crimes (Appeal and Review Act) 2001, each of the sentences is varied to commence from 3 March 2008.' 'In all other respects the orders of the magistrate are confirmed.' 'For each offence of damaging property by fire, Mr Newton is sentenced to fifteen months imprisonment with a non-parole...