Quzag v R (No 2)

[2015] ACTCA 10

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Bail
4. › Bail pending appeal
5. › Whether stay of sentence necessary
6. › Whether sentence of periodic detention will expire while on bail
7. › Supreme Court Act 1933 (ACT), s 37Q
1. Criminal Law
2. › Sentencing
3. › Periodic detention
4. › Nature of periodic detention as imprisonment
5. › Whether periodic detention is a 'term of imprisonment'
6. › Crimes (Sentencing) Act 2005 (ACT), s 11
1. Criminal Law
2. › Sentence Administration
3. › Periodic detention
4. › Failure to perform periodic detention
5. › Extension of periodic detention period
6. › Effect of bail on obligation to attend periodic detention
7. › Crimes (Sentence Administration) Act 2005 (ACT), s 58

Quick Take

A sentence of periodic detention under s 11 of the Crimes (Sentencing) Act 2005 (ACT) is a 'term of imprisonment' for the purposes of s 37Q of the Supreme Court Act 1933 (ACT), so time on bail pending appeal does not count towards the periodic detention period. Additionally, s 58 of the Crimes (Sentence Administration) Act 2005 (ACT) operates to extend the periodic detention period for each period not served while on bail, providing a further safeguard. A stay of sentence is therefore unnecessary when bail is granted pending appeal, even where the sentence includes periodic detention.