Takiari v R [2009] NSWCCA 84

Takiari v R [2009] NSWCCA 84

Although the sentencing judge erred in making a finding that the offence was 'planned criminal activity' under s 21A(2)(n), the error only marginally affected sentencing given the factual basis and context, and all other grounds regarding subjective circumstances, manifest excess, and parity were not made out. The sentences imposed were within proper discretionary ranges and did not cause a justifiable sense of grievance.

Jurisdiction
Australia
Judgment Date
31 March 2009
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeals dismissed.
Legal Topics
['sentencing' 'possession of Precursors' 'theft as a Clerk' 'use of Aggravating Factors' 'parity' 'totality']
['criminal Law'] ['sentencing' 'possession of Precursors' 'theft as a Clerk' 'use of Aggravating Factors' 'parity' 'totality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in treating features of the case as aggravating factors under s 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999' "Whether insufficient weight was given to the applicants' subjective circumstances" 'Whether sentences were manifestly excessive' 'Whether parity and totality principles were correctly applied']

Ratio Decidendi

Although the sentencing judge erred in making a finding that the offence was 'planned criminal activity' under s 21A(2)(n), the error only marginally affected sentencing given the factual basis and context, and all other grounds regarding subjective circumstances, manifest excess, and parity were not made out. The sentences imposed were within proper discretionary ranges and did not cause a justifiable sense of grievance.

Court Disposition

Leave to appeal granted; appeals dismissed.

Orders

  • ['In each case, leave to appeal is granted but the appeal is dismissed.']