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VIC Jail Time for Similar Criminal Offence Charges - Totalitarian Principle?

Discussion in 'Criminal Law Forum' started by Jugganort, 20 August 2015.

  1. Jugganort

    Jugganort Member

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    A friend is currently serving jail time in VIC for criminal law offences committed back in the 70s/80s. At the time of the arrest warrant being served for these offences, he was in custody doing jail time for similar offences in QLD. Whilst he was serving his jail time in QLD, he was issued the arrest warrant for the Victorian matters in 2005. He had been desperately trying to negotiate a transfer to VIC to face the new charges he was issued whilst being held in QLD custody, however, he was refused the transfer on decisions (unknown to him) made by the QLD Corrective Services.

    Subsequently, the Victorian Police whom had served him the warrant in 2005, advised him to get in contact with them as soon as his parole ended (2014) in QLD, to which he voluntarily complied with. This year, the matter went before the Victorian Courts to which the sentencing Judge handed down his verdict and now he is doing time again for these new (similar) charges.

    My legal question is: For the Totalatrian Principle to be applied to his case, does the time of the warrant being served 10 years ago have any merit to reducing his sentence taking the length of time from which it was served, and the fact that he was refused transfer to Victoria to face these similar offences in order to serve his sentences concurrently, rather than cumulatively which he is now doing?

    It seems ludacris that the system punished him for events that were out of his control. He was compliant the whole time, yet still punished excessively

    Thanks anyone that is able to give me some advice. And apologies if it isn't making any sense. I could try to give you more information.

    Thanks
     
  2. Tim W

    Tim W Lawyer

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    I am not sure how the Totalitarian Principle is relevant in this case.

    The timing of the service of the later warrant is irrelevant.

    As a general rule, time served for one offence does not count towards time servable for another, separate offence.
    The exceptions are time spent on remand (which can be counted, but doesn't always have to be),
    and time already served in respect of a sentence that is reduced on appeal, after the time in custody commences.

    As to things being "out of his control", that could have been brought up in the trial (either one).
     
  3. Jugganort

    Jugganort Member

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    Thanks for the reply and info Tim W. I am hoping the Barrister appointed is able to work some magic with the complexity of this case and the Appeal. Thanks!
     

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