Tassis v R [2017] NSWCCA 143

Tassis v R [2017] NSWCCA 143

No error was established because the applicant's complaint depended on an inappropriate focus on a notional starting point and, in substance, sought to give priority to the standard non-parole period. The sentencing judge was required to apply an instinctive synthesis taking all relevant factors into account, including both the maximum penalty and the standard non-parole period, and did so. The sentences for counts 1 and 2 were not shown to be inappropriately severe.

Jurisdiction
Australia
Judgment Date
26 June 2017
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court of NSW
Outcome
Leave to appeal against sentence refused.
Legal Topics
['firearms Offences' 'drug Supply Offences' 'maximum Penalty' 'standard Non Parole Period' 'manifest Excess or Inappropriately Severe Sentence' 'instinctive Synthesis']
['criminal Law' 'sentencing' 'criminal Appeals'] ['firearms Offences' 'drug Supply Offences' 'maximum Penalty' 'standard Non Parole Period' 'manifest Excess or Inappropriately Severe Sentence' 'instinctive Synthesis']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court of NSW

Legal Issues

  1. 1 ['Whether the sentencing judge allowed the sentencing discretion for the firearms offences to be constrained by the maximum penalty.' 'Whether inappropriately severe sentences were imposed for counts 1 and 2.' 'Whether insufficient weight was given to the standard non-parole period.']

Ratio Decidendi

No error was established because the applicant's complaint depended on an inappropriate focus on a notional starting point and, in substance, sought to give priority to the standard non-parole period. The sentencing judge was required to apply an instinctive synthesis taking all relevant factors into account, including both the maximum penalty and the standard non-parole period, and did so. The sentences for counts 1 and 2 were not shown to be inappropriately severe.

Court Disposition

Leave to appeal against sentence refused.

Orders

  • ['Leave to appeal against sentence is refused.']