The State of Western Australia v TIK
Case
•
[2009] WASCA 122 (S)
•14 JULY 2009
No judgment structure available for this case.
THE STATE OF WESTERN AUSTRALIA -v- TIK [2009] WASCA 122 (S)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2009] WASCA 122 (S) | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACR:160/2008 | 11 JUNE 2009 | |
| Coram: | WHEELER JA PULLIN JA MILLER JA | 14/07/09 | |
| 25/09/09 | |||
| 4 | Judgment Part: | 1 of 1 | |
| Result: | Slip corrected Sentence backdated | ||
| B | |||
| PDF Version |
| Parties: | THE STATE OF WESTERN AUSTRALIA TIK SNK |
Catchwords: | Sentencing Sentences backdated under the 'slip rule' Turns on own facts |
Legislation: | Nil |
Case References: | The State of Western Australia v TIK [2009] WASCA 122 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : THE STATE OF WESTERN AUSTRALIA -v- TIK [2009] WASCA 122 (S) CORAM : WHEELER JA
- PULLIN JA
MILLER JA
DECISION : 25 SEPTEMBER 2009 FILE NO/S : CACR 160 of 2008 BETWEEN : THE STATE OF WESTERN AUSTRALIA
- Appellant
AND
TIK
Respondent
- Appellant
AND
SNK
Respondent
(Page 2)
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : SLEIGHT DCJ
File No : IND 901 of 2008
Catchwords:
Sentencing - Sentences backdated under the 'slip rule' - Turns on own facts
Legislation:
Nil
Result:
Slip corrected
Sentence backdated
Category: B
Representation:
CACR 160 of 2008
Counsel:
Appellant : Mr J Mactaggart
Respondent : Mr J B Prior
Solicitors:
Appellant : Director of Public Prosecutions (WA)
Respondent : Legal Aid (WA)
CACR 161 of 2008
Counsel:
Appellant : Mr J Mactaggart
Respondent : Ms F R Veltman
Solicitors:
Appellant : Director of Public Prosecutions (WA)
Respondent : Legal Aid (WA)
Case(s) referred to in judgment(s):
The State of Western Australia v TIK [2009] WASCA 122
(Page 4)
1 JUDGMENT OF THE COURT: The Sentencing Information Unit, and presumably the respondents, have asked whether or not the sentences imposed by the court (see The State of Western Australia v TIK [2009] WASCA 122) in substitution for those of the sentencing judge, should be backdated to take account of the time which had been spent in custody by the respondents. The sentencing judge had made such an order. In this case the only orders made were to substitute new sentences for those imposed by the sentencing judge. This court did not disturb the order made by the sentencing judge that the sentences be backdated to commence on 26 October 2008, in the case of TIK, and 17 October 2008, in the case of SNK. It is from those dates that the sentences imposed by this court will commence to run.
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