R v Sansbury

The Supreme Court of South Australia, constituted by Doyle CJ, Duggan and David JJ, heard an appeal against a sentence imposed on the appellant, Mr Sansbury. Mr Sansbury had pleaded guilty to escaping from lawful custody. At the time of the escape, he was on parole. The Parole Board had subsequently cancelled his parole. The dispute on appeal concerned the calculation and commencement of the sentences imposed, and whether the head sentence was excessive.

The court was required to determine several legal issues. These included whether the sentencing judge erred in not reducing the head sentence by the precise period Mr Sansbury had spent in custody in respect of the escaping offence. Further, the court considered whether the judge erred in not deducting from the non-parole period the same allowance for time spent in custody as was deducted from the head sentence. Finally, the court examined whether the judge erred in failing to make a deduction from both the head sentence and the non-parole period for time spent in custody pursuant to the Parole Board's order.

The court reasoned that it was not appropriate for the sentencing judge to backdate the unexpired balance of the sentence in respect of which Mr Sansbury had been on parole. To do so would negate the punishment imposed by the Parole Board. The court found no basis to conclude that the sentencing judge had erred in imposing the sentence, and therefore no basis to disturb it. The failure to backdate a sentence is not an error in itself, but only becomes an error if it results in a sentence that is excessive or otherwise erroneous.

For the reasons given by the Chief Justice, Doyle CJ, Duggan J, and David J all agreed that the appeal should be dismissed.