Regina v Ellmore

The appellant in this matter, Ellmore, appealed against his sentences for various sexual offences against young girls, arguing that the trial judge should have ordered his sentences to commence from the date of his release from parole. Ellmore had been previously convicted of sexual offences against children and was on parole at the time he committed the current offences. The trial judge ordered that the sentences for the current offences commence from the date of conviction. Ellmore submitted that the sentences should have started from the date of his release from parole. The appeal was against the appropriateness of the commencement date for the sentences.

The court considered whether the trial judge was correct in ordering the sentences to commence from the date of conviction. The court found that the trial judge had considered the special circumstances of the case, including the fact that the offences were committed while Ellmore was on parole, and had ordered the sentences to commence from the date of conviction. The court found that the trial judge had not erred in ordering the sentences to commence from the date of conviction, as the parole period was already taken into account in the overall sentence. The court held that the trial judge had appropriately reflected the special circumstances in the overall sentence, including the parole period.

The appeal was dismissed. The court found that the trial judge had appropriately exercised his discretion in ordering the sentences to commence from the date of conviction. The court held that the trial judge had taken into account the special circumstances of the case, including the fact that the offences were committed while Ellmore was on parole, and had ordered the sentences to commence from the date of conviction. The court found that the trial judge had appropriately reflected the special circumstances in the overall sentence, including the parole period. The appeal was dismissed, and the original sentences were upheld.