Tuite v R [2018] NSWCCA 175

Tuite v R [2018] NSWCCA 175

The appeal was dismissed because the sentencing judge considered all relevant principles, including youth, dysfunctional background, reduced moral culpability, totality, special circumstances and the need for deterrence and community protection. The offences, especially the Sans Souci offences, were very serious, involved violence, detention and substantial harm to a vulnerable victim, and were committed while the applicant was on parole. The indicative sentences and the aggregate sentence were open on the facts and did not disclose House v The King error or manifest excess.

Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifest Excess' 'aggregate Sentence' 'totality Principle' 'young Offender' 'dysfunctional Background' 'institutionalisation' 'break Enter and Steal' 'detain for Advantage']
['criminal Law' 'sentencing'] ['manifest Excess' 'aggregate Sentence' 'totality Principle' 'young Offender' 'dysfunctional Background' 'institutionalisation' 'break Enter and Steal' 'detain for Advantage']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW

Legal Issues

  1. 1 ['Whether the aggregate sentence of 14 years imprisonment with a non-parole period of 9 years was manifestly excessive.' "Whether the sentencing judge gave appropriate effect to the applicant's youth and dysfunctional background, including the principles in Bugmy v The Queen [2013] HCA 37; 249 CLR 571." 'Whether the totality principle was properly applied to multiple offences committed over a short period.' 'Whether the sentence was properly characterised as crushing or likely to cause institutionalisation.' 'Whether the indicative sentences or aggregate sentence disclosed House v The King error.']

Ratio Decidendi

The appeal was dismissed because the sentencing judge considered all relevant principles, including youth, dysfunctional background, reduced moral culpability, totality, special circumstances and the need for deterrence and community protection. The offences, especially the Sans Souci offences, were very serious, involved violence, detention and substantial harm to a vulnerable victim, and were committed while the applicant was on parole. The indicative sentences and the aggregate sentence were open on the facts and did not disclose House v The King error or manifest excess.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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