Queensland Judgments
R v Sinden
[2004] QCA 165 (00/0163) Brisb McMurdo P Chesterman J Atkinson J 17/05/2004 (delivered ex tempore)
Catchwords
CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – OTHER MATTERS – QUEENSLAND – application for pre-sentence custody to be declared time served under a sentence – where applicant elected to be treated as "unconvicted prisoner on remand" under s 75 and s 76 of the Corrective Services Act 1988 pending determination of appeal – where lost appeal and did not seek such a declaration – where this meant time served pending appeal not counted as time towards sentence – where Court's power under the Criminal Code to so declare now removed – whether Court could grant declaration under the slip rule
