Tasker v R [2024] NSWCCA 57

Tasker v R [2024] NSWCCA 57

Leave to appeal was granted but the appeal was dismissed because the sentencing judge's use of the 2018 sentencing remarks caused no practical injustice, the Form 1 offence was not used to aggravate the principal offence but to assess the seriousness of the Form 1 matter and increase the principal sentence, and the aggregate sentence was open given the discrete, serious and sophisticated offending, the applicant's criminal history, limited prospects of rehabilitation and absence of significant mitigation.

Jurisdiction
Australia
Judgment Date
03 May 2024
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court; Leave to Appeal Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break, Enter and Steal' 'form 1 Offences' 'procedural Fairness in Sentencing' 'aggregate Sentence' 'manifest Excess' 'accumulation and Concurrency']
['criminal Law' 'criminal Sentencing' 'criminal Appeals'] ['break, Enter and Steal' 'form 1 Offences' 'procedural Fairness in Sentencing' 'aggregate Sentence' 'manifest Excess' 'accumulation and Concurrency']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court; Leave to Appeal Granted and Appeal Dismissed

Legal Issues

  1. 1 ["Whether the sentencing judge denied the applicant procedural fairness by referring to material from the applicant's 2018 sentencing proceedings over which the judge had presided." 'Whether the sentencing judge took the Form 1 offence attached to the Torrens University charge into account as an aggravating factor when assessing the objective seriousness of the principal offence.' 'Whether the aggregate sentence was manifestly excessive because of an excessive degree of notional accumulation of indicative sentences.']

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed because the sentencing judge's use of the 2018 sentencing remarks caused no practical injustice, the Form 1 offence was not used to aggravate the principal offence but to assess the seriousness of the Form 1 matter and increase the principal sentence, and the aggregate sentence was open given the discrete, serious and sophisticated offending, the applicant's criminal history, limited prospects of rehabilitation and absence of significant mitigation.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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