Taylor v R [2013] NSWCCA 157

Taylor v R [2013] NSWCCA 157

The aggregate sentence imposed for the State offences was contrary to law because s 53A did not apply, but was amenable to correction under s 43. The correction exercise confirmed individual sentences but adjusted commencement and expiry dates to accurately reflect pre-sentence custody and legislative requirements. Other grounds relating to discounts, manifest excess, and non-parole periods were considered and rejected as lacking merit. Leave to appeal was granted only to correct the technical error in commencement dates.

Jurisdiction
Australia
Judgment Date
27 June 2013
Procedural Posture
Criminal Appeal / Sentence Appeal, Leave to Appeal Granted, Appeal Allowed
Outcome
Leave to appeal granted; appeal allowed; sentences confirmed with adjusted commencement and expiry dates of non-parole periods.
Legal Topics
['sentencing' 'aggregate Sentencing' 'jurisdictional Error' 'manifest Excess' 'non Parole Period' 'pre Sentence Custody' 'firearms Offences' 'domestic Violence' 'proceeds of Crime' 'endangered Species Offences']
['criminal Law'] ['sentencing' 'aggregate Sentencing' 'jurisdictional Error' 'manifest Excess' 'non Parole Period' 'pre Sentence Custody' 'firearms Offences' 'domestic Violence' 'proceeds of Crime' 'endangered Species Offences']

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Procedural Posture

Criminal Appeal / Sentence Appeal, Leave to Appeal Granted, Appeal Allowed

Legal Issues

  1. 1 ['Whether the sentencing exercise was infected by jurisdictional error' 'Whether the aggregate sentence imposed was contrary to law' 'Whether there was manifest excess in sentences or non-parole periods' 'Whether pre-sentence custody was taken into account appropriately' 'Failure to apply discounts for pleas of guilty']

Ratio Decidendi

The aggregate sentence imposed for the State offences was contrary to law because s 53A did not apply, but was amenable to correction under s 43. The correction exercise confirmed individual sentences but adjusted commencement and expiry dates to accurately reflect pre-sentence custody and legislative requirements. Other grounds relating to discounts, manifest excess, and non-parole periods were considered and rejected as lacking merit. Leave to appeal was granted only to correct the technical error in commencement dates.

Court Disposition

Leave to appeal granted; appeal allowed; sentences confirmed with adjusted commencement and expiry dates of non-parole periods.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Sentences imposed in the District Court confirmed but the dates of commencement and the expiry of non-parole periods are adjusted as follows:' 'On each of the two counts of possession of a CITES specimen, sentences are to date from 20 October 2009; recognizance release...