R v Nunan

(1999) 108 A Crim R 1; [1999] NSWCCA 117

NSW Court of Criminal Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Commencement of sentence
4. › Fixed term of imprisonment
5. › Sentence to commence on specified date
6. › Whether sentence runs from specified date regardless of whether actually served
7. › Sentencing Act 1989 (NSW), s 8
1. Criminal Law
2. › Appeal
3. › Bail pending appeal
4. › Whether time at liberty on bail counts as part of sentence
5. › Whether bail granted in absence of any appeal satisfies statutory description
6. › Criminal Appeal Act 1912 (NSW), s 18(2)
1. Criminal Law
2. › Bail
3. › Power to grant bail
4. › Bail granted on assumption appeal lodged
5. › No appeal in fact lodged
6. › Whether bail order a nullity
7. › Bail Act 1978 (NSW), ss 6(e), 28, 30, 30AA, 62

Quick Take

Section 18(2) of the Criminal Appeal Act 1912 (NSW) does not stop time running on a sentence where bail was granted but no appeal was in fact lodged. A fixed term of imprisonment commences on the date specified in the sentence regardless of whether the offender actually serves it, and the sentence expires by effluxion of time unless s 18(2) applies.