Yarnton v R; Mouhtaris v R [2022] NSWCCA 67

Yarnton v R; Mouhtaris v R [2022] NSWCCA 67

The majority held that leave to appeal should be granted to both applicants but both appeals dismissed. Ms Yarnton's higher sentence was justified by her role as the architect and prime motivator of a revenge-motivated plan to murder her husband, and her sentence was not manifestly excessive. Mr Mouhtaris' offending was open to be characterised as mid-range because he acquired the gas bottles, was present at the scene, participated in or was ready to assist with the preparations to ignite the vehicle, and the enterprise involved premeditation and attempts to avoid detection. The identical sentence imposed on him and Mr Houda did not give rise to a marked and unjustified disparity because,...

Jurisdiction
Australia
Judgment Date
01 April 2022
Procedural Posture
Criminal Appeal Against Sentence / Applications for Leave to Appeal From Sentences Imposed by the District Court of NSW on 17 June 2020
Outcome
Leave to appeal granted to both applicants; both appeals dismissed.
Legal Topics
['attempted Murder' 'joint Criminal Enterprise' 'manifestly Excessive Sentence' 'parity Principle' 'objective Seriousness' 'bugmy Principles' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Appeals'] ['attempted Murder' 'joint Criminal Enterprise' 'manifestly Excessive Sentence' 'parity Principle' 'objective Seriousness' 'bugmy Principles' 'special Circumstances']

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Procedural Posture

Criminal Appeal Against Sentence / Applications for Leave to Appeal From Sentences Imposed by the District Court of NSW on 17 June 2020

Legal Issues

  1. 1 ['Whether the sentences imposed on Sharon Joan Yarnton and Anthony Mouhtaris were manifestly excessive.' 'Whether the sentencing judge made a parity error in the sentences imposed on the applicants compared with co-offenders Monique Hayes, Fady Houda and each other.' "Whether the sentencing judge erred in finding that Anthony Mouhtaris' offending fell at the mid-range level of objective seriousness."]

Ratio Decidendi

The majority held that leave to appeal should be granted to both applicants but both appeals dismissed. Ms Yarnton's higher sentence was justified by her role as the architect and prime motivator of a revenge-motivated plan to murder her husband, and her sentence was not manifestly excessive. Mr Mouhtaris' offending was open to be characterised as mid-range because he acquired the gas bottles, was present at the scene, participated in or was ready to assist with the preparations to ignite the vehicle, and the enterprise involved premeditation and attempts to avoid detection. The identical sentence imposed on him and Mr Houda did not give rise to a marked and unjustified disparity because,...

Court Disposition

Leave to appeal granted to both applicants; both appeals dismissed.

Orders

  • ['Yarnton: Leave to appeal granted.' 'Yarnton: Appeal dismissed.' 'Mouhtaris: Leave to appeal granted.' 'Mouhtaris: Appeal dismissed.']