R v Stewart

[2005] NSWCCA 290

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Double punishment
4. › Overlapping criminal conduct
5. › Credit for prior imprisonment for conduct forming part of offence being sentenced
6. › Whether offender punished twice for same or overlapping criminal conduct
7. › Crimes Act 1900 (NSW), ss 112(1), 527C(1)(a)
8. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Power of Court of Criminal Appeal
5. › Whether some other sentence warranted in law and should have been passed
6. › Criminal Appeal Act 1912 (NSW), s 5(1)(c), s 6(3)

Quick Take

Where an offender has served a sentence for goods in custody (s 527C Crimes Act 1900) and is subsequently sentenced for break, enter and steal (s 112(1)) arising from the same criminal conduct, full credit must be given for the prior imprisonment to avoid double punishment for overlapping criminal conduct. The Pearce principle applies even where the charges were not heard together and were processed in different courts at different times.