R v Vletter

[2004] WASCA 96 (S)

R -v- VLETTER [2004] WASCA 96 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2004] WASCA 96 (S)
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:187/2003	Heard:	5 MARCH 2004
Coram:	MALCOLM CJ WHEELER J MCKECHNIE J	Delivered:	14/05/04
Supplementary Delivered:	3/03/05
No of pages:	3	Judgment Part:	1 of 1
Result:	Sentence corrected
Category:	C
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Parties:	THE QUEEN BRIAN VLETTER
Catchwords:	Criminal law Sentencing Correction of sentence
Legislation:	Sentencing Act 1995 (WA), s 37
Case References:	Nil Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- VLETTER [2004] WASCA 96 (S) CORAM : MALCOLM CJ

WHEELER J
MCKECHNIE J

HEARD : 5 MARCH 2004 DELIVERED : 14 MAY 2004 SUPPLEMENTARY
DECISION : 3 MARCH 2005 FILE NO/S : CCA 187 of 2003 BETWEEN : THE QUEEN

Appellant

AND

BRIAN VLETTER
Respondent

Catchwords:

Criminal law - Sentencing - Correction of sentence

Legislation:

Sentencing Act 1995 (WA), s 37

Result:

Sentence corrected

(Page 2)

Category: C

Representation:

Counsel:

Appellant : Mr R E Cock QC & Mr D N Ryan
Respondent : Mr R D Young

Solicitors:

Appellant : State Director of Public Prosecutions
Respondent : Gunning Young

Case(s) referred to in judgment(s):

Nil

Case(s) also cited:

Nil


(Page 3)

1 JUDGMENT OF THE COURT: This was a Crown appeal which was allowed and the order for suspension of the sentences imposed by the trial Judge set aside and the orders of the sentencing Judge varied as set out in par [92] of the judgment. The judgment was delivered on 14 May 2004 when the respondent was at large. The solicitors for the respondent had been requested to arrange for the respondent to be present when the judgment was delivered. The respondent failed to attend. A bench warrant issued and the respondent was subsequently arrested on 1 November 2004 and placed into custody. At the appeal, the respondent's solicitors informed the Court that he had spent some 51 days in custody before being sentenced in the District Court on 5 March 2004. In calculating the new sentence to be imposed, it has come to the Court's attention that no credit was given for those days. Having received written submissions from both the Director of Public Prosecutions and the respondent pursuant to s 37 of the Sentencing Act 1995 (WA), it appears that the sentence should be adjusted to take account of the period of 51 days in custody in respect of the offences for which he was sentenced in the Court of Criminal Appeal.

2 In the result, the Court orders that the sentence imposed be deemed to have commenced on 9 September 2004.