Sultana v Regina [2007] NSWCCA 107

Sultana v Regina [2007] NSWCCA 107

Pre-sentence custody exclusively referable to Form 1 offences, which are relevantly considered in sentencing for the principal offence, should normally be taken into account; here, justice required backdating the sentence to account for such custody, even where there is no specific authority directly on point.

Jurisdiction
Australia
Judgment Date
22 May 2007
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Hearing of Sentence Appeal
Outcome
Leave granted, appeal allowed.
Legal Topics
['sentencing' 'pre Sentence Custody' 'form 1 Offences' 'backdating Sentence']
['criminal Law'] ['sentencing' 'pre Sentence Custody' 'form 1 Offences' 'backdating Sentence']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Hearing of Sentence Appeal

Legal Issues

  1. 1 ['Whether pre-sentence custody referable to Form 1 offences should be taken into account by backdating the sentence for the principal offence']

Ratio Decidendi

Pre-sentence custody exclusively referable to Form 1 offences, which are relevantly considered in sentencing for the principal offence, should normally be taken into account; here, justice required backdating the sentence to account for such custody, even where there is no specific authority directly on point.

Court Disposition

Leave granted, appeal allowed.

Orders

  • ['The sentence imposed in the District Court is confirmed, but to date from 28 January 2006.' "Direct applicant's release on parole on 27 May 2007."]