Mortyn v Tasmania

The case of *Mortyn v Tasmania* concerned an appeal against a sentencing order made by a judge of the Supreme Court of Tasmania. The appellant, Mortyn, had been convicted of a criminal offence and sentenced to a term of imprisonment. A key aspect of the dispute related to the commencement date of this sentence, particularly in light of the time Mortyn had already spent in custody prior to the sentencing hearing.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the sentencing judge erred in failing to backdate the commencement of Mortyn's sentence to the date he was first taken into custody. This failure had a direct impact on the calculation of the non-parole period and, as argued by the appellant, undermined the accuracy and integrity of the sentencing record.

The Court reasoned that a failure to backdate a sentence to reflect time already served in custody can prejudice an offender and distort the intended operation of sentencing orders, including non-parole periods. The Court held that the sentencing judge had erred by not giving sufficient weight to the pre-sentence custody. Consequently, the Court allowed the appeal, setting aside the original sentencing order and remitting the matter for re-sentencing.