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Sentencing Tom Spohr Sentencing Tom Spohr

Kljaic v R [2023] NSWCCA 225

In this first of a duo of (apparently unrelated) cases on the topic of when and how sentences can be backdated, the Court of Criminal Appeal (‘CCA’) has concluded that in appropriate circumstances an available means of recognising difficult conditions in custody is to backdate a sentence to a date b

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Sentencing Tom Spohr Sentencing Tom Spohr

Marai v R [2023] NSWCCA 224

This case also grapples with the question of back-dating sentences of imprisonment. Here, the CCA has held that in appropriate circumstances it may be appropriate to give full credit for time spent in immigration detention, even if the offender was technically on bail at the time.

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