Regina v Tamilo ATONIO [2005] NSWCCA 200

Regina v Tamilo ATONIO [2005] NSWCCA 200

Although errors in the application of s 21A were identified, they did not materially affect the sentence imposed and no other sentence, less severe, was warranted in law given the applicant’s criminal history and the seriousness of the offence.

Parties
Appellant: Tamilo Atonio; Respondent: Regina
Jurisdiction
Australia
Judgment Date
07 June 2005
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal From Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Aggravating and Mitigating Factors, Utilitarian Value of Plea, Assault With Intent to Rob, Appeal Against Sentence
Criminal Law Sentencing Aggravating and Mitigating Factors Utilitarian Value of Plea Assault With Intent to Rob Appeal Against Sentence

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Parties

Tamilo Atonio

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal From Sentence

Legal Issues

  1. 1 Did the sentencing judge err in having additional regard to an aggravating factor which was an element of the offence?
  2. 2 Did the sentencing judge find additional aggravating factors not available on the facts?
  3. 3 Did the sentencing judge fail to properly consider the applicant's intellectual deficits?

Ratio Decidendi

Although errors in the application of s 21A were identified, they did not materially affect the sentence imposed and no other sentence, less severe, was warranted in law given the applicant’s criminal history and the seriousness of the offence.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed