TJ v R [2009] NSWCCA 99

TJ v R [2009] NSWCCA 99

By majority, the Court held that the sentencing judge did not err in imposing a custodial sentence greater than that imposed on KT. The applicant was sentenced for the more serious s 98 offence, was found to have initiated the physical violence, and the sentencing judge carefully considered parity, youth, personal circumstances, delay and rehabilitation. The sentence was not excessive to the point of error, so leave was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
08 April 2009
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal in the New South Wales Court of Criminal Appeal
Outcome
By majority, leave to appeal granted but appeal dismissed.
Legal Topics
['appeal Against Sentence' 'aggravated Robbery in Company' 'juvenile Offenders' 'parity With Co Offender' 'delay in Sentencing' 'full Time Custody']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'aggravated Robbery in Company' 'juvenile Offenders' 'parity With Co Offender' 'delay in Sentencing' 'full Time Custody']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to impose upon the applicant a sentence proportionate to that imposed upon her juvenile co-offender.' "Whether delay in the proceedings and the applicant's rehabilitation required a different sentence."]

Ratio Decidendi

By majority, the Court held that the sentencing judge did not err in imposing a custodial sentence greater than that imposed on KT. The applicant was sentenced for the more serious s 98 offence, was found to have initiated the physical violence, and the sentencing judge carefully considered parity, youth, personal circumstances, delay and rehabilitation. The sentence was not excessive to the point of error, so leave was granted but the appeal was dismissed.

Court Disposition

By majority, leave to appeal granted but appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']