R.V. WATE [2001] NSWCCA 474

R.V. WATE [2001] NSWCCA 474

The failure to give credit for 108 days of pre-sentence custody was an error requiring the sentence to be backdated, although the sentence length and non-parole period were otherwise not excessive nor manifestly unjust when considering the differences among co-offenders.

Jurisdiction
Australia
Judgment Date
19 November 2001
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction and Sentence
Outcome
Appeal allowed, sentence varied
Legal Topics
['robbery in Company With Wounding' 'sentencing' 'parity of Sentence' 'pre Sentence Custody']
['criminal Law'] ['robbery in Company With Wounding' 'sentencing' 'parity of Sentence' 'pre Sentence Custody']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant was manifestly excessive compared to co-offenders' 'Whether sufficient allowance was given for applicant’s personal circumstances and plea of guilty' 'Whether pre-sentence custody was properly accounted for']

Ratio Decidendi

The failure to give credit for 108 days of pre-sentence custody was an error requiring the sentence to be backdated, although the sentence length and non-parole period were otherwise not excessive nor manifestly unjust when considering the differences among co-offenders.

Court Disposition

Appeal allowed, sentence varied

Orders

  • ['Grant leave to appeal.' 'Allow the appeal.' 'Quash the sentence imposed by the District Court judge.' 'In lieu, sentence the applicant to imprisonment for eight years commencing on 1 July 2000 and expiring on 30 June 2008.' 'Fix a non-parole period of four years expiring on 30 June 2006, upon which the applicant...