R v Tanbuz [2019] NSWDC 199

R v Tanbuz [2019] NSWDC 199

The offender's aggregate sentence and non-parole period are justified by the seriousness of the offences, his background, plea of guilty, reasonable prospects for rehabilitation, and existence of special circumstances warranting a departure from the standard non-parole period ratio.

Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['assault Occasioning Actual Bodily Harm' 'aggravated Break and Enter' 'sentencing' 'special Circumstances']
['criminal Law'] ['assault Occasioning Actual Bodily Harm' 'aggravated Break and Enter' 'sentencing' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Objective seriousness of principal offences' 'Aggravation factors in sentencing' 'Moral culpability reduction due to background' 'Application of general and specific deterrence' 'Assessment of rehabilitation prospects' 'Special circumstances for non-parole period']

Ratio Decidendi

The offender's aggregate sentence and non-parole period are justified by the seriousness of the offences, his background, plea of guilty, reasonable prospects for rehabilitation, and existence of special circumstances warranting a departure from the standard non-parole period ratio.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['Aggregate sentence of 7 years imprisonment imposed' 'Non-parole period fixed at 3 years and 6 months from 21 October 2017, expiring 20 April 2021' 'Balance of 3 years and 6 months from 21 April 2021, expiring 20 October 2024']