TB v R [2020] NSWCCA 108

TB v R [2020] NSWCCA 108

The aggregate sentence imposed was not manifestly excessive having regard to the applicant's substantial criminality across six serious offences, including murder committed on the basis of extended joint criminal enterprise where the applicant was well aware of the potential for extreme violence; the sentencing judge's assessment of objective seriousness was open on the evidence; the indicative sentence for murder did not improperly influence the aggregate sentence; no error was shown in the approach to special circumstances, as relevant matters were not submitted in context, and the statutory non-parole period ratio was appropriate.

Parties
Applicant: TB; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Sentence Appeal / Leave to Appeal and Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Murder, Aggravated Break, Enter and Steal, Aggravated Detain for Advantage, Joint Criminal Enterprise, Manifest Excess, Special Circumstances, Aggregate Sentence
Criminal Law Sentence Appeal Murder Aggravated Break, Enter and Steal Aggravated Detain for Advantage Joint Criminal Enterprise Manifest Excess Special Circumstances +1 more

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Parties

TB

Applicant

Regina

Respondent Crown

Procedural Posture

Sentence Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether the sentence indicated for murder was manifestly excessive
  2. 2 Whether an asserted error in the indicative sentence produced a manifestly excessive aggregate sentence
  3. 3 Whether error in the sentencing judge's approach to special circumstances

Ratio Decidendi

The aggregate sentence imposed was not manifestly excessive having regard to the applicant's substantial criminality across six serious offences, including murder committed on the basis of extended joint criminal enterprise where the applicant was well aware of the potential for extreme violence; the sentencing judge's assessment of objective seriousness was open on the evidence; the indicative sentence for murder did not improperly influence the aggregate sentence; no error was shown in the approach to special circumstances, as relevant matters were not submitted in context, and the statutory non-parole period ratio was appropriate.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal against sentence granted.
  • Appeal dismissed.