Regina v Tabar [2005] NSWCCA 165

Regina v Tabar [2005] NSWCCA 165

The sentences and their structure were within the range of a sound exercise of sentencing discretion. The applicant's offending involved persistent false representations, exploitation of Mrs Karam, planning and cunning through use of the Reserve Bank employee's number, prior dishonesty, and offending while parole was current. The asserted error concerning employment history did not add weight to the sentence and did not justify intervention, and the 10 percent discount for the guilty pleas was within the sentencing judge's discretion.

Jurisdiction
Australia
Judgment Date
22 April 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Against Conviction Abandoned
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['obtaining Money by Deception' 'passing Valueless Cheques' 'sentencing' 'manifest Excess' 'guilty Plea Discount']
['criminal Law and Procedure'] ['obtaining Money by Deception' 'passing Valueless Cheques' 'sentencing' 'manifest Excess' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Against Conviction Abandoned

Legal Issues

  1. 1 ['Whether the total effective sentence was manifestly excessive.' 'Whether the individual sentences imposed on each count were manifestly excessive.' 'Whether the sentencing judge erred in sentencing the applicant on the basis that he had no employment history in Australia.' "Whether the sentencing judge erred in her approach to the applicant's pleas of guilty."]

Ratio Decidendi

The sentences and their structure were within the range of a sound exercise of sentencing discretion. The applicant's offending involved persistent false representations, exploitation of Mrs Karam, planning and cunning through use of the Reserve Bank employee's number, prior dishonesty, and offending while parole was current. The asserted error concerning employment history did not add weight to the sentence and did not justify intervention, and the 10 percent discount for the guilty pleas was within the sentencing judge's discretion.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Appeal dismissed.']