Pb v R

[2025] NSWCCA 14

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals
3. › Appeal against sentence
4. › Error by sentencing judge in backdating commencement date of sentence
5. › Whether error in calculating expiry of non-parole period for separate sentence could be remedied by simple adjustment or required re-exercise of sentencing discretion
6. › Whether Kentwell error established
7. › Criminal Appeal Act 1912 (NSW), ss 5(1)(c), 6(3)
8. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 47(2)(a)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Offender sentenced in one State for offences committed while serving sentence in another State
5. › Whether sentencing judge gave proper effect to totality principle
6. › Whether flexibility of approach required where delay not caused by offender
7. › Whether further concurrence with interstate sentence warranted

Quick Take

Where a sentencing judge's stated intention regarding the commencement date of a sentence is ambiguous (here, 'shortly prior to' a date that was itself miscalculated), the error cannot be treated as a mere arithmetical correction and requires re-sentencing under Kentwell, even where the practical outcome may be the same.

Case Details

Citation[2025] NSWCCA 14

CourtNSWCCA

JurisdictionNew South Wales

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Relies on17

2024Ja v RNSWCCA 130
2024Huynh v RNSWCCA 61
2019Ro v RNSWCCA 183
2016Lehn v RNSWCCA 255
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