Toksoz v R [2019] NSWCCA 10

Toksoz v R [2019] NSWCCA 10

The judge did not commit error in considering the failure to report as part of the agreed factual basis; the sentences imposed were below or towards the low range for the offending and not manifestly excessive; there was no breach of the principle in R v De Simoni, as the facts taken into account did not amount to circumstances justifying conviction of a more serious offence than charged.

Jurisdiction
Australia
Judgment Date
13 February 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Application for Leave to Appeal
Outcome
Leave to appeal granted; appeal dismissed; original sentence confirmed; specific directions regarding custody and sentence expiration given.
Legal Topics
['sentence' 'appeal' 'accessory After the Fact' 'assessment of Objective Seriousness' 'excessive Sentence' 'principle in R V De Simoni']
['criminal Law'] ['sentence' 'appeal' 'accessory After the Fact' 'assessment of Objective Seriousness' 'excessive Sentence' 'principle in R V De Simoni']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence; Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the offending' 'Whether the sentence was manifestly excessive' 'Whether the sentencing judge breached the principle in R v De Simoni by taking into account facts amounting to more serious offending']

Ratio Decidendi

The judge did not commit error in considering the failure to report as part of the agreed factual basis; the sentences imposed were below or towards the low range for the offending and not manifestly excessive; there was no breach of the principle in R v De Simoni, as the facts taken into account did not amount to circumstances justifying conviction of a more serious offence than charged.

Court Disposition

Leave to appeal granted; appeal dismissed; original sentence confirmed; specific directions regarding custody and sentence expiration given.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.' 'The sentence imposed by the sentencing judge is confirmed.' 'The applicant is to be returned to custody forthwith.' 'The applicant is to be released at the expiration of his non-parole period on 12 September 2019.' "The applicant's sentence will expire on 12 September...