Tukuafu v R [2024] NSWCCA 84

Tukuafu v R [2024] NSWCCA 84

Leave was granted because error was established in the sentencing judge's use of the Form 1 offences attached to Sequence 8/H718: those offences were not inextricably linked to the supply offence and should not have informed the objective seriousness of each supply count. However, no lesser sentence was warranted. The finding that the male victim suffered life threatening injuries was open beyond reasonable doubt and was properly relevant to objective seriousness, not to s 21A(2)(ib). The applicant's juvenile criminal history was admissible because the s 15 preconditions were met, and it was used for permissible sentencing purposes. On independent resentencing, the Court considered the...

Jurisdiction
Australia
Judgment Date
07 June 2024
Procedural Posture
Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['objective Seriousness' 'form 1 Offences' 'juvenile Criminal History' 'children (criminal Proceedings) Act 1987 (nsw) S 15' 'life Threatening Injuries' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['objective Seriousness' 'form 1 Offences' 'juvenile Criminal History' 'children (criminal Proceedings) Act 1987 (nsw) S 15' 'life Threatening Injuries' 'aggregate Sentence']

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the s 112(3) offence by finding that the male victim suffered life threatening injuries as a result of being stabbed.' 'Whether the sentencing judge erred in assessing the objective seriousness of the offences for which the applicant stood to be sentenced by reference to the further offences on two Form 1 documents.' "Whether the sentencing judge erred in his approach to the applicant's juvenile criminal history."]

Ratio Decidendi

Leave was granted because error was established in the sentencing judge's use of the Form 1 offences attached to Sequence 8/H718: those offences were not inextricably linked to the supply offence and should not have informed the objective seriousness of each supply count. However, no lesser sentence was warranted. The finding that the male victim suffered life threatening injuries was open beyond reasonable doubt and was properly relevant to objective seriousness, not to s 21A(2)(ib). The applicant's juvenile criminal history was admissible because the s 15 preconditions were met, and it was used for permissible sentencing purposes. On independent resentencing, the Court considered the...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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