Regina v Tenaku Tuatara [1999] NSWCCA 242

Regina v Tenaku Tuatara [1999] NSWCCA 242

The sentencing judge considered the relevant objective seriousness and subjective circumstances, including contrition, age, personal circumstances, and the fact that the offence was committed after escape from lawful custody while serving a sentence for the same offence. No error in the sentencing process was demonstrated and the sentence was within the range available to a sound sentencing discretion, so the substantive appeal against sentence was dismissed.

Jurisdiction
Australia
Judgment Date
28 June 1999
Procedural Posture
Criminal Appeal Against Sentence; Application for Leave to Appeal / Judgment on Application for Leave to Appeal and Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['break Enter and Steal' 'severity Appeal' 'sentencing Discretion' 'contrition' 'offence Committed After Escape From Lawful Custody' 'deportation Order']
['criminal Law' 'criminal Procedure' 'sentencing'] ['break Enter and Steal' 'severity Appeal' 'sentencing Discretion' 'contrition' 'offence Committed After Escape From Lawful Custody' 'deportation Order']

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Procedural Posture

Criminal Appeal Against Sentence; Application for Leave to Appeal / Judgment on Application for Leave to Appeal and Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave to appeal against the severity of the sentence should be granted.' 'Whether the sentencing judge erred in the sentencing process or imposed a sentence outside the range available in the exercise of a sound sentencing discretion.']

Ratio Decidendi

The sentencing judge considered the relevant objective seriousness and subjective circumstances, including contrition, age, personal circumstances, and the fact that the offence was committed after escape from lawful custody while serving a sentence for the same offence. No error in the sentencing process was demonstrated and the sentence was within the range available to a sound sentencing discretion, so the substantive appeal against sentence was dismissed.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal against sentence dismissed.']