Shannon v The The Queen

In this case, the applicant, Shannon, appealed against his sentence which was imposed by the sentencing judge. The applicant had outstanding charges pending against him in the Local Court, and he was arrested and subsequently sentenced to a term of imprisonment in respect of those charges. While awaiting sentence on other matters, the applicant served the sentence for the pending charges. The applicant argued that the failure of the sentencing judge to fully backdate the sentences amounted to a miscarriage of justice. The applicant also sought to argue that his conditions of custody had been rendered more harsh as a consequence of the Covid pandemic and justified a reduction in sentence.

The legal issues that the court had to determine were whether the failure of the sentencing judge to fully backdate the sentences amounted to a miscarriage of justice and whether the applicant's conditions of custody had been rendered more harsh as a consequence of the Covid pandemic and justified a reduction in sentence. The court found that the applicant's solicitor acquiesced to the approach taken by the sentencing judge and that the applicant's ground of appeal was not established. The court also found that it was unable to intervene where, after the time of sentence, an offender's conditions of custody were rendered more onerous because of the response of the prison authorities to the pandemic.

The court held that the applicant's ground of appeal was not established and dismissed the appeal. The court granted leave to appeal but dismissed the appeal as the applicant's solicitor had acquiesced to the approach taken by the sentencing judge, and the court was unable to intervene where, after the time of sentence, an offender's conditions of custody were rendered more onerous because of the response of the prison authorities to the pandemic. The court found that the applicant's conditions of custody had not been rendered more harsh as a consequence of the Covid pandemic and justified a reduction in sentence.