Tarrant v Regina [2007] NSWCCA 124

Tarrant v Regina [2007] NSWCCA 124

It was open to the sentencing judge at retrial to make more adverse findings about the applicant's involvement, supported by evidence, leading to a heavier sentence than imposed at the first trial. The principle of restraint does not prevent a judge from drawing different inferences where justified. No procedural unfairness occurred because the possibility of a heavier sentence was canvassed with counsel.

Parties
Applicant: Donna Clare Tarrant; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence After Retrial
Outcome
Leave to appeal granted, appeal dismissed
Legal Topics
Sentence on Retrial, Joint Criminal Enterprise, Complicity, Procedural Fairness
Criminal Law Sentence on Retrial Joint Criminal Enterprise Complicity Procedural Fairness

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Parties

Donna Clare Tarrant

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence After Retrial

Legal Issues

  1. 1 Whether a heavier sentence can be imposed on retrial than at the first trial
  2. 2 Whether factual findings departing from the first trial can justify a heavier sentence
  3. 3 Whether procedural fairness was denied in the sentencing process after retrial

Ratio Decidendi

It was open to the sentencing judge at retrial to make more adverse findings about the applicant's involvement, supported by evidence, leading to a heavier sentence than imposed at the first trial. The principle of restraint does not prevent a judge from drawing different inferences where justified. No procedural unfairness occurred because the possibility of a heavier sentence was canvassed with counsel.

Court Disposition

Leave to appeal granted, appeal dismissed