Regina v Taouk [2005] NSWCCA 53

Regina v Taouk [2005] NSWCCA 53

No error was shown in the sentencing judge's assessment of objective criminality. The applicant intended to broker a one kilogram cocaine transaction and the Form 1 matters included serious drug supply conduct, including an offence carrying a maximum of life imprisonment. The two indicted offences were separated by about eight months and were not part of the same criminal transaction, so accumulation was open. The effective sentence of eight years three months with a non-parole period of four years six months was not manifestly excessive and was described as lenient. The asserted parity ground failed because the other offenders were not comparable co-offenders whose circumstances required...

Jurisdiction
Australia
Judgment Date
17 February 2005
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the NSW Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['severity Appeal' 'supply of Prohibited Drugs' 'deemed Supply' 'large Commercial Quantity' 'form 1 Offences' 'accumulation of Sentences' 'totality' 'parity Between Offenders' 'objective Criminality']
['criminal Law' 'sentencing' 'drug Offences'] ['severity Appeal' 'supply of Prohibited Drugs' 'deemed Supply' 'large Commercial Quantity' 'form 1 Offences' 'accumulation of Sentences' 'totality' 'parity Between Offenders' 'objective Criminality']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the NSW Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective criminality of the second count involving an intended large commercial quantity supply of cocaine.' 'Whether the sentences for the two counts should have been wholly accumulated.' 'Whether the aggregate sentence was manifestly excessive.' 'Whether sentences imposed on other offenders arising from the same police operation gave rise to a parity grievance.']

Ratio Decidendi

No error was shown in the sentencing judge's assessment of objective criminality. The applicant intended to broker a one kilogram cocaine transaction and the Form 1 matters included serious drug supply conduct, including an offence carrying a maximum of life imprisonment. The two indicted offences were separated by about eight months and were not part of the same criminal transaction, so accumulation was open. The effective sentence of eight years three months with a non-parole period of four years six months was not manifestly excessive and was described as lenient. The asserted parity ground failed because the other offenders were not comparable co-offenders whose circumstances required...

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence is granted.' 'The appeal is dismissed.']