R v Tapine [2018] NSWDC 457

R v Tapine [2018] NSWDC 457

Sentences were imposed for three offences arising from a single episode of violent offending by Mr Tapine, who, after refusing to leave licensed premises, committed unprovoked assaults on two persons (one involving glassing causing actual bodily harm) and committed aggravated break and enter and used violence. The Court found special circumstances due to first-time custody, need for rehabilitation support, and prospects for rehabilitation, reducing the non-parole period below the statutory ratio. Aggregate sentence imposed: imprisonment for 3 years 6 months (NPP 2 years), with factual findings on seriousness for each count as relevant to sentence selection, and recognition that alcohol...

Parties
Prosecution: Regina; Defendant: Corey Tapine
Jurisdiction
Australia
Judgment Date
24 August 2018
Procedural Posture
Criminal / Sentence
Outcome
Convicted on each count. Aggregate term of imprisonment imposed.
Legal Topics
Assault Occasioning Actual Bodily Harm, Break and Enter and Commit Serious Indictable Offence, Fail to Leave Licensed Premises, Sentencing, Special Circumstances, Aggravated Offence
Criminal Law Assault Occasioning Actual Bodily Harm Break and Enter and Commit Serious Indictable Offence Fail to Leave Licensed Premises Sentencing Special Circumstances Aggravated Offence

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Parties

Regina

Prosecution

Corey Tapine

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentencing for assault occasioning actual bodily harm
  2. 2 Appropriate sentencing for aggravated break and enter and commit serious indictable offence
  3. 3 Consideration of special circumstances for sentencing

Ratio Decidendi

Sentences were imposed for three offences arising from a single episode of violent offending by Mr Tapine, who, after refusing to leave licensed premises, committed unprovoked assaults on two persons (one involving glassing causing actual bodily harm) and committed aggravated break and enter and used violence. The Court found special circumstances due to first-time custody, need for rehabilitation support, and prospects for rehabilitation, reducing the non-parole period below the statutory ratio. Aggregate sentence imposed: imprisonment for 3 years 6 months (NPP 2 years), with factual findings on seriousness for each count as relevant to sentence selection, and recognition that alcohol...

Court Disposition

Convicted on each count. Aggregate term of imprisonment imposed.

Orders

  • For Count 1 (assault occasioning actual bodily harm): indicative sentence of 2 years imprisonment.
  • For Count 2 (assault occasioning actual bodily harm): indicative sentence of 6 months imprisonment.