Regina v Tezay Hasan [2005] NSWCCA 21

Regina v Tezay Hasan [2005] NSWCCA 21

The sentencing judge erred in approach by not clarifying the notional sentence from which the discount for the guilty plea was applied, but the effective sentence imposed (four years with a two-year non-parole period, wholly concurrent for two offences) was not manifestly excessive and fell within the appropriate range owing to the seriousness of the offences, the vulnerability of the victims, and breaches of two bonds.

Jurisdiction
Australia
Judgment Date
04 February 2005
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Extension of Time Application
Outcome
Extension of time granted; leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'robbery in Company' 'parity Principle' 'totality Principle' 'discount for Guilty Plea' 'accumulation of Sentences']
['criminal Law'] ['sentencing' 'robbery in Company' 'parity Principle' 'totality Principle' 'discount for Guilty Plea' 'accumulation of Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Extension of Time Application

Legal Issues

  1. 1 ['Whether the judge erred in assessing the value of the guilty plea' 'Whether the sentence was manifestly excessive' 'Application of parity, totality, and accumulation principles in sentencing for multiple offences']

Ratio Decidendi

The sentencing judge erred in approach by not clarifying the notional sentence from which the discount for the guilty plea was applied, but the effective sentence imposed (four years with a two-year non-parole period, wholly concurrent for two offences) was not manifestly excessive and fell within the appropriate range owing to the seriousness of the offences, the vulnerability of the victims, and breaches of two bonds.

Court Disposition

Extension of time granted; leave to appeal granted; appeal dismissed

Orders

  • ['Extension of time for filing notice of appeal granted' 'Leave to appeal against sentence granted' 'Appeal dismissed']