District Court
New South Wales
Medium Neutral Citation: R v Edwards [2024] NSWDC 497 Hearing dates: 2, 8 August 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: Aggregate sentence of 7 years with a non-parole period of 3 years, at [268 – 269].
Catchwords: SENTENCING — Principle of totality — Backdating when offender previously sentenced for related offending and that sentence expired many years prior to charging, arrest and sentencing for index offences — Offender in continuous custody referable to two prior sentences for over 12 years at the time of sentence — Analysis of the Court’s ability to backdate a sentence to a date before the charging and arrest of the offender for the index offences — Court found the discretion in section 47 of the Crimes (Sentencing Procedure) Act1999 allows for the imposition of an appropriate length of sentence, and to then backdate the commencement date into the pre-existing period of unbroken custody, notwithstanding the sentence previously being served was for a different offence and that the charge for the current matter had not yet been preferred.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes (Serious Sex Offenders) Act 2006 (NSW)
Crimes Act 1900 (NSW)Cases Cited: Almaouie v R [2021] NSWCCA 274
Bugmy v The Queen [2013] HCA 387; (2013) 249 CLR 571
Caristo v R [2011] NSWCCA 7
Darrigo v R [2007] NSWCCA 9
FL v R [2020] NSWCCA 114
John v R [2015] NSWCCA 5
Kljaic v R [2023] NSWCCA 225
Mill v The Queen [1988] 166 CLR 59
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
R v Cattell [2019] NSWCCA 297
R v DW (No 1) [2020] NSWDC 461
R v Holder; R v Johnston [1983] 3 NSWLR 245 at 260
R v Jenkyns (Court of Criminal Appeal (QLD), 11 June 1986, unreported)
R v McHugh [1985] 1 NSWLR 588
R v Newman and Simpson [2004] NSWCCA 102, 145 A Crim R 361
R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369
R v SW (District Court of New South Wales (Wollongong), 10 September 2018, unreported)
R v Thomas [2007] NSWCCA 269
R v Todd [1982] 2 NSWLR 517
R v Tuuta [2014] NSWCCA 40
Refaieh v R [2018] NSWCCA 72
Richards v R [2023] NSWCCA 107
State of New South Wales v Darrego [2011] NSWSC 1449
Wiggins v R [2010] NSWCCA 30Category: Sentence Parties: Rex (Crown)
Richard Edwards (Offender)Representation: Counsel:
Solicitors:
L Hanshaw (Crown)
C Penning (Offender)
Office of the Director of Public Prosecutions (NSW) (Crown)
Aboriginal Legal Service NSW/ACT (Offender)
File Number(s): 2023/00108462 Publication restriction: There is to be no publication of evidence that identifies or is likely to lead to the identification of the complainant in accordance with section 578A of the Crimes Act 1900 and section 15A of the Children (Criminal Proceedings) Act 1987.
JUDGMENT
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Richard John Edwards appears for sentence following his entering…
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- AGLC
- R v Edwards [2024] NSWDC 497
- Case
- [2024] NSWDC 497
- Decision Date
CaseChat Overview and Summary
The legal issues before the court revolved around the interpretation and application of section 47 of the Crimes (Sentencing Procedure) Act 1999. Specifically, the court needed to decide if the discretion provided by this section allowed for the imposition of a sentence that could be backdated to a period before the defendant was charged and arrested for the current offences, despite the prior sentence being for a different offence. The court had to consider the principles of justice, fairness, and the overarching goal of achieving an appropriate and proportionate sentence that reflected the totality of the offender's criminal conduct.
In its reasoning, the court held that section 47 of the Act indeed provided the necessary discretion to impose a sentence that could be backdated into the period of unbroken custody. The court found that the principle of totality was a fundamental consideration in sentencing, which aimed to ensure that the total period of imprisonment reflected the overall criminality of the offender. The court emphasised that the backdating of a sentence to a pre-existing period of custody was permissible, even if the prior sentence was for a different offence and the charges for the current offences had not yet been preferred. The court concluded that this approach was consistent with achieving a just outcome and maintaining the integrity of the sentencing process.
The final orders of the court were an aggregate sentence of 7 years, with a non-parole period of 3 years. The sentence was to be backdated to the date the defendant first entered custody for the prior offences, effectively consolidating the sentences into a single period of imprisonment that reflected the totality of the defendant's criminal conduct.
Orders
Orders of the court
Aggregate sentence of 7 years with a non-parole period of 3 years, at [268 – 269].
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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