Regina v Tayfun [2001] NSWCCA 417

Regina v Tayfun [2001] NSWCCA 417

There was no error on the part of the sentencing judge; matters raised by the applicant concerning his custody and post-sentence situation do not enliven the jurisdiction of the court except in exceptional circumstances, which do not exist here.

Parties
Respondent: Regina; Applicant: Ayan Tayfun
Jurisdiction
Australia
Judgment Date
15 October 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentence, Failure to Enliven Exercise of Appellate Jurisdiction, Matters Arising Subsequent to Sentence
Criminal Law Sentence Failure to Enliven Exercise of Appellate Jurisdiction Matters Arising Subsequent to Sentence

Case Brief

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Parties

Regina

Respondent

Ayan Tayfun

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in not considering rehabilitation application
  2. 2 Whether subsequent medical circumstances justify appellate intervention
  3. 3 Whether a discount for guilty plea was properly applied and specified

Ratio Decidendi

There was no error on the part of the sentencing judge; matters raised by the applicant concerning his custody and post-sentence situation do not enliven the jurisdiction of the court except in exceptional circumstances, which do not exist here.

Court Disposition

Appeal dismissed

Orders

  • Application for leave to appeal granted
  • Appeal dismissed