WC v R [2008] NSWCCA 75

WC v R [2008] NSWCCA 75

The Newcastle sentences should be adjusted in their commencement dates to follow the expiration of the aggregate non-parole period of the Port Macquarie sentences, as the partial accumulation of sentences was based on the original, now quashed Port Macquarie sentences, and the Crown does not dispute the adjustment.

Jurisdiction
Australia
Judgment Date
01 April 2008
Procedural Posture
Criminal Appeal / Appeal From Sentence
Outcome
Leave to appeal granted. Sentences quashed and applicant re-sentenced.
Legal Topics
['sentence Adjustment' 'principle of Totality']
['criminal Law'] ['sentence Adjustment' 'principle of Totality']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Sentence

Legal Issues

  1. 1 ['Whether the commencement dates of the Newcastle sentences should be uniformly adjusted to align with the expiration of the aggregate non-parole period of the Port Macquarie sentences as re-imposed on appeal']

Ratio Decidendi

The Newcastle sentences should be adjusted in their commencement dates to follow the expiration of the aggregate non-parole period of the Port Macquarie sentences, as the partial accumulation of sentences was based on the original, now quashed Port Macquarie sentences, and the Crown does not dispute the adjustment.

Court Disposition

Leave to appeal granted. Sentences quashed and applicant re-sentenced.

Orders

  • ['Leave to appeal be granted.' 'The sentences passed by Judge Taylor on 3 November 2006 be quashed.' 'Applicant be sentenced as follows: counts 1 and 2 - imprisonment for a fixed term of 9 months commencing 2 June 2011 and expiring 1 March 2012; counts 3 and 4 - 9 months commencing 2 July 2011 and expiring 1 April...