WSP v REGINA [2006] NSWCCA 240

WSP v REGINA [2006] NSWCCA 240

Because the sentences imposed on remittal for the CJ offences expired earlier than the original sentences, leaving a four month gap before the commencement of the affirmed MK sentences, and both parties agreed to the adjustment, the Court set aside Latham DCJ's MK sentencing orders and substituted backdated orders commencing on 12 April 2005.

Jurisdiction
Australia
Judgment Date
03 August 2006
Procedural Posture
Criminal Sentencing Application / Court of Criminal Appeal Application to Adjust Sentences Imposed by Latham DCJ After Remittal and Resentencing on Other Counts
Outcome
Orders of Latham DCJ set aside and new orders substituted.
Legal Topics
['backdating of Sentence' 'non Parole Period' 'sexual Intercourse Under S 66 C(2)' 'aggravated Indecent Assault']
['criminal Law' 'sentencing'] ['backdating of Sentence' 'non Parole Period' 'sexual Intercourse Under S 66 C(2)' 'aggravated Indecent Assault']

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 Sentencing Application / Court of Criminal Appeal Application to Adjust Sentences Imposed by Latham DCJ After Remittal and Resentencing on Other Counts

Legal Issues

  1. 1 ['Whether the sentences imposed by Latham DCJ with respect to the complainant MK should be backdated so that there was no gap after shorter sentences were imposed on remittal for offences concerning the complainant CJ.']

Ratio Decidendi

Because the sentences imposed on remittal for the CJ offences expired earlier than the original sentences, leaving a four month gap before the commencement of the affirmed MK sentences, and both parties agreed to the adjustment, the Court set aside Latham DCJ's MK sentencing orders and substituted backdated orders commencing on 12 April 2005.

Court Disposition

Orders of Latham DCJ set aside and new orders substituted.

Orders

  • ['Set aside the orders of Latham DCJ of 24 October 2005 imposing sentences with respect to the complainant MK.' 'Count 1 - imprisonment for a fixed term of two years to commence on 12 April 2005 and to expire on 11 April 2007.' 'Count 2 - imprisonment for a period of six years to commence on 12 April 2005 and to...