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Key decisions

  • Huynh v R [2024] NSWCCA 61
  • McMillan v R [2024] NSWCCA 83

Huynh v R [2024] NSWCCA 61

Sentencing – pre-sentence custody

In the first of two summaries this month dealing with pre-sentence custody, the Court of Criminal Appeal (‘CCA’) observed that pre-sentence custody must be taken into account – but only once. If the Crown contends that some pre-sentence custody is referrable to another offence, it must obtain the reasons of the other judicial officer. Otherwise, there will be no basis for a finding that it was already taken into account in another matter.

The applicant pleaded guilty and was sentenced for an offence of aggravated break and enter with intent to commit a serious indictable offence. There was also an offence of contravening an apprehended domestic violence order to be dealt with pursuant to s 166 of the Criminal Procedure Act 1986 (NSW). He was sentenced to 4 years with a non-parole period of 3 years.

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