Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6:
1. STERN JA: I agree with McNaughton J.
2. HAMILL J: I agree with the orders proposed by McNaughton J and with her Honour's reasons. I would only add that, in terms of transparency, there is a distinct advantage in back-dating a sentence to take into account periods of pre-sentence "quasi-custody". However, as McNaughton J demonstrates by reference to several authorities, there is no obligation on a sentencing Judge to adopt that approach. In the present case, Judge O'Rourke SC was plainly aware of the issue and made it clear that she had considered the period on bail, and the onerous conditions, in determining the appropriate...