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Sentencing Tom Spohr Sentencing Tom Spohr

Huynh v R [2024] NSWCCA 61

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 re

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Sentencing Tom Spohr Sentencing Tom Spohr

McMillan v R [2024] NSWCCA 83

In the second part of this month’s duology on pre-sentence custody, the CCA closely examined the individual legislative provisions which require pre-sentence custody to be taken into account, both in sentencing an offender to custody, or in deciding to impose a less serious penalty. The Court also e

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