Regina v Tawake [1999] NSWCCA 147

Regina v Tawake [1999] NSWCCA 147

Given the seriousness of the robbery in company, the use of weapons, the violence toward the victim, and the aggravating circumstance that the offence was committed while the applicant was on bail, the sentence of four years penal servitude with a three-year minimum term and one-year additional term was within the range of a sound exercise of sentencing discretion and disclosed no basis for appellate intervention.

Jurisdiction
Australia
Judgment Date
07 June 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['robbery in Company' 'severity Appeal' 'offence Committed While on Bail' 'community Service Order Cancellation' 'weapons in Robbery']
['criminal Law and Procedure' 'sentencing'] ['robbery in Company' 'severity Appeal' 'offence Committed While on Bail' 'community Service Order Cancellation' 'weapons in Robbery']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence of four years penal servitude for robbery in company was manifestly excessive or otherwise affected by error.' 'Whether the Court of Criminal Appeal should intervene in the sentencing discretion exercised by the District Court.']

Ratio Decidendi

Given the seriousness of the robbery in company, the use of weapons, the violence toward the victim, and the aggravating circumstance that the offence was committed while the applicant was on bail, the sentence of four years penal servitude with a three-year minimum term and one-year additional term was within the range of a sound exercise of sentencing discretion and disclosed no basis for appellate intervention.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal granted.' 'Appeal dismissed.']