R v Taufahema [2007] NSWSC 1460

R v Taufahema [2007] NSWSC 1460

The appropriate sentence for the manslaughter of Glenn McEnallay is imprisonment with a non-parole period of 7 years dating from 27 March 2005 and a balance term of 4 years, having regard to the applicant's early plea, agreed basis of manslaughter liability via joint enterprise, parity with co-offender, and application of sentencing principles including totality.

Parties
Crown: Regina; Prisoner: John Taufahema
Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Criminal / Sentencing After Guilty Plea to Manslaughter
Outcome
Sentence imposed
Legal Topics
Manslaughter, Sentence, Joint Criminal Enterprise
Criminal Law Manslaughter Sentence Joint Criminal Enterprise

Case Brief

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Parties

Regina

Crown

John Taufahema

Prisoner

Procedural Posture

Criminal / Sentencing After Guilty Plea to Manslaughter

Legal Issues

  1. 1 Appropriate sentence for manslaughter following guilty plea under joint criminal enterprise
  2. 2 Consideration of parity with co-offender's sentence
  3. 3 Application of totality principle in sentencing

Ratio Decidendi

The appropriate sentence for the manslaughter of Glenn McEnallay is imprisonment with a non-parole period of 7 years dating from 27 March 2005 and a balance term of 4 years, having regard to the applicant's early plea, agreed basis of manslaughter liability via joint enterprise, parity with co-offender, and application of sentencing principles including totality.

Court Disposition

Sentence imposed

Orders

  • Sentenced to imprisonment for manslaughter consisting of a non-parole period of 7 years from 27 March 2005 to 26 March 2012
  • Balance term of 4 years dating from 27 March 2012