Tazelaar v R [2009] NSWCCA 119

Tazelaar v R [2009] NSWCCA 119

The sentencing judge erred in imposing manifestly excessive sentences on count 2 and the receiving counts by not giving adequate discount for the guilty plea and not sufficiently considering the minor nature of the receiving offences; a reduced sentence is warranted to ensure proportionality and adequate recognition of the plea.

Parties
Applicant: Mark Edward Tazelaar; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
29 April 2009
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Sentence Appeal
Outcome
Appeal upheld in part
Legal Topics
Appeal Against Sentence, Totality Principle, Sentencing Discretion, Discount for Guilty Plea, Accumulation of Sentences
Criminal Law Appeal Against Sentence Totality Principle Sentencing Discretion Discount for Guilty Plea Accumulation of Sentences

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Parties

Mark Edward Tazelaar

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether sentences for multiple offences should have been concurrent under the totality principle
  2. 2 Whether discount for guilty plea was correctly applied under Crimes (Sentencing Procedure) Act 1999 s 22
  3. 3 Whether sentences imposed were manifestly excessive

Ratio Decidendi

The sentencing judge erred in imposing manifestly excessive sentences on count 2 and the receiving counts by not giving adequate discount for the guilty plea and not sufficiently considering the minor nature of the receiving offences; a reduced sentence is warranted to ensure proportionality and adequate recognition of the plea.

Court Disposition

Appeal upheld in part

Orders

  • Leave to appeal granted and appeal upheld in part.
  • Quash the sentence imposed on count 2 and, taking into account the matters on the Form 1 for that count, sentence the applicant to a non-parole period of 2 years and 6 months commencing on 21 January 2008 with a balance of term of 2 years expiring on 20 July 2012. The non-parole period will expire on 20 July 2010 on...