R v Thoral [2022] NSWDC 73

R v Thoral [2022] NSWDC 73

The sentence imposed by the Magistrate was set aside because the indicative sentences selected and the aggregate approach were not appropriate. The court imposed new indicative sentences with a proper discount for the plea of guilty, resulting in a total aggregate sentence of seven months with a five-month non-parole period commencing from the date of arrest.

Parties
Crown: R; Appellant: Alexander Thoral
Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Criminal Appeal / Sentencing Appeal
Outcome
Appeal allowed; sentence set aside; new sentence imposed.
Legal Topics
Appeal Against Sentence, Larceny, Obtaining Financial Advantage by Deception, Sentencing Principles
Criminal Law Appeal Against Sentence Larceny Obtaining Financial Advantage by Deception Sentencing Principles

Case Brief

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Parties

R

Crown

Alexander Thoral

Appellant

Procedural Posture

Criminal Appeal / Sentencing Appeal

Legal Issues

  1. 1 Whether the sentence imposed by the Magistrate was manifestly excessive
  2. 2 Determination of appropriate sentence for larceny and obtaining financial advantage by deception

Ratio Decidendi

The sentence imposed by the Magistrate was set aside because the indicative sentences selected and the aggregate approach were not appropriate. The court imposed new indicative sentences with a proper discount for the plea of guilty, resulting in a total aggregate sentence of seven months with a five-month non-parole period commencing from the date of arrest.

Court Disposition

Appeal allowed; sentence set aside; new sentence imposed.

Orders

  • Sentence imposed by Central Local Court on 9 November 2021 set aside.
  • Non-parole period of five months commencing 4 October 2021, expiring 3 March 2022.