REGINA v. TETERYCZ [2005] NSWCCA 197
The sentencing judge erred in considering the strength of the Crown case when determining the utilitarian value of the plea and failed to apply the appropriate 25% discount for the applicant’s early plea of guilty; sentence must be quashed and a reduced sentence imposed accordingly.
- Parties
- Applicant: Ashley Scott Teterycz; Respondent: Crown
- Jurisdiction
- Australia
- Judgment Date
- 24 May 2005
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence
- Outcome
- Appeal allowed in part; sentence varied
- Legal Topics
- Appeal Against Sentence, Discount for Plea of Guilty, Henry Guideline, Parity, Manifestly Excessive Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Ashley Scott Teterycz
Applicant
Crown
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge failed to properly take into account the applicant's plea of guilty
- 2 Whether a lesser discount was incorrectly given compared to the co-offender for the utilitarian value of the plea
- 3 Whether the sentence was manifestly excessive
Ratio Decidendi
The sentencing judge erred in considering the strength of the Crown case when determining the utilitarian value of the plea and failed to apply the appropriate 25% discount for the applicant’s early plea of guilty; sentence must be quashed and a reduced sentence imposed accordingly.
Court Disposition
Appeal allowed in part; sentence varied
Orders
- Application for leave to appeal is granted.
- Appeal allowed in relation to grounds 1(a), (b) and (c).
Full Case Text
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