TAMMER-SPENCE, Jacob v R [2013] NSWCCA 297

TAMMER-SPENCE, Jacob v R [2013] NSWCCA 297

The sentencing judge did not give deterrence undue weight; deterrence remained a permissible factor despite the Applicant's youth, disturbed background and drug addiction. The judge's comments about responsibility were made in context, recognising that the Applicant was morally blameless for the onset of addiction but had refused available opportunities for treatment. The indicative sentences and aggregate sentence reflected the seriousness, number and circumstances of the offences, the vulnerability of the victims and the Applicant's subjective circumstances, and were not outside the available range or manifestly excessive.

Jurisdiction
Australia
Judgment Date
28 November 2013
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal sentence granted; appeal dismissed.
Legal Topics
['aggregate Sentence' 'young Offender' 'deterrence' 'rehabilitation' 'subjective Circumstances' 'manifest Excess' 'armed Robbery' 'robbery']
['criminal Law' 'sentencing'] ['aggregate Sentence' 'young Offender' 'deterrence' 'rehabilitation' 'subjective Circumstances' 'manifest Excess' 'armed Robbery' 'robbery']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the assessment of deterrence by treating it as a material factor in sentencing the Applicant.' 'Whether the sentencing judge erred by concluding that the Applicant, described as a markedly disturbed young man, ought to have taken greater responsibility in seeking help.' 'Whether the aggregate sentence was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not give deterrence undue weight; deterrence remained a permissible factor despite the Applicant's youth, disturbed background and drug addiction. The judge's comments about responsibility were made in context, recognising that the Applicant was morally blameless for the onset of addiction but had refused available opportunities for treatment. The indicative sentences and aggregate sentence reflected the seriousness, number and circumstances of the offences, the vulnerability of the victims and the Applicant's subjective circumstances, and were not outside the available range or manifestly excessive.

Court Disposition

Leave to appeal sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal sentence granted.' 'Appeal dismissed.']