Ta'ala v R [2008] NSWCCA 132

Ta'ala v R [2008] NSWCCA 132

The sentencing judge did not err in the objective assessment of the brutality and seriousness of the murders nor in cumulating the sentences. However, the judge failed to ensure the non parole period did not exceed 75% of the aggregate sentence, contrary to the apparent intent, requiring a reduction in the non parole period for the second count to achieve a 75% ratio overall.

Jurisdiction
Australia
Judgment Date
16 June 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal From Sentence
Outcome
Appeal allowed in part
Legal Topics
['sentencing' 'murder' 'cumulation' 'non Parole Period' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'murder' 'cumulation' 'non Parole Period' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal From Sentence

Legal Issues

  1. 1 ['Whether the sentences imposed for two counts of murder were manifestly excessive' 'Whether the approach to cumulation and setting of non parole periods was in accordance with law' 'Whether special circumstances justified deviation from the statutory ratio for non parole periods']

Ratio Decidendi

The sentencing judge did not err in the objective assessment of the brutality and seriousness of the murders nor in cumulating the sentences. However, the judge failed to ensure the non parole period did not exceed 75% of the aggregate sentence, contrary to the apparent intent, requiring a reduction in the non parole period for the second count to achieve a 75% ratio overall.

Court Disposition

Appeal allowed in part

Orders

  • ['Application for extension of time and leave to appeal against sentence granted.' 'Appeal allowed in part.' 'Order specifying a non parole period of 26 years 6 months commencing 29 May 2014 and expiring 28 May 2040 in respect of murder of Tammy Lee MacKenzie quashed; new non parole period of 23 years 3 months...