TECTOR v REGINA [2008] NSWCCA 151

TECTOR v REGINA [2008] NSWCCA 151

The sentencing judge was entitled and required to consider the nature of the proposed sexual activity as one of several relevant factors in determining objective seriousness, but the sentences imposed were manifestly excessive for the circumstances. Substantial sentences are warranted, but the maximum penalty and relative gravity do not justify the sentences imposed, and re-sentencing is appropriate.

Parties
Applicant: Darren John Tector; Respondent: Regina
Jurisdiction
Australia
Judgment Date
04 July 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentences quashed; new sentences imposed
Legal Topics
Sentencing, Use of Telecommunications for Procuring Sexual Activity With Minors, Appeal Against Severity of Sentence
Criminal Law Sentencing Use of Telecommunications for Procuring Sexual Activity With Minors Appeal Against Severity of Sentence

Case Brief

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Parties

Darren John Tector

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to take into account the nature of the sexual activity intended to be procured
  2. 2 Whether the sentence was manifestly excessive in all circumstances

Ratio Decidendi

The sentencing judge was entitled and required to consider the nature of the proposed sexual activity as one of several relevant factors in determining objective seriousness, but the sentences imposed were manifestly excessive for the circumstances. Substantial sentences are warranted, but the maximum penalty and relative gravity do not justify the sentences imposed, and re-sentencing is appropriate.

Court Disposition

appeal allowed; sentences quashed; new sentences imposed

Orders

  • Leave to appeal granted and the appeal allowed.
  • The sentences of 11 years imprisonment with non-parole period of 7 years for each count are quashed.