Regina v Tadrosse [2005] NSWCCA 145

Regina v Tadrosse [2005] NSWCCA 145

The sentencing judge materially erred by taking into account aggravating factors under s 21A(2)(l) and (m) that were not available on the facts, and by imposing two sentences for passing valueless cheques that exceeded the maximum penalty. Given those errors and the excessive overall sentence in light of the applicant's lack of relevant prior criminal history, single course of criminal conduct and rehabilitation, the Court allowed the appeal in part and resentenced the applicant.

Jurisdiction
Australia
Judgment Date
20 April 2005
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Resentencing After District Court Sentence
Outcome
The appeal is allowed in part.
Legal Topics
['application of S 21 a of the Crimes (sentencing Procedure) Act' 'aggravating Factors' 'vulnerability of Victim' 'multiple Victims and Series of Criminal Acts' 'maximum Penalty' 'totality' 'form 1 Matters']
['criminal Law' 'sentencing'] ['application of S 21 a of the Crimes (sentencing Procedure) Act' 'aggravating Factors' 'vulnerability of Victim' 'multiple Victims and Series of Criminal Acts' 'maximum Penalty' 'totality' 'form 1 Matters']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Resentencing After District Court Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by treating the victims as vulnerable under s 21A(2)(l) of the Crimes (Sentencing Procedure) Act.' 'Whether the sentencing judge erred by treating multiple victims or a series of criminal acts as an aggravating factor under s 21A(2)(m) where multiple offences were before the court.' 'Whether two sentences for passing valueless cheques exceeded the maximum penalty prescribed for those offences.' 'Whether, notwithstanding demonstrated error, no lesser sentence was warranted under s 6(3) of the Criminal Appeal Act.']

Ratio Decidendi

The sentencing judge materially erred by taking into account aggravating factors under s 21A(2)(l) and (m) that were not available on the facts, and by imposing two sentences for passing valueless cheques that exceeded the maximum penalty. Given those errors and the excessive overall sentence in light of the applicant's lack of relevant prior criminal history, single course of criminal conduct and rehabilitation, the Court allowed the appeal in part and resentenced the applicant.

Court Disposition

The appeal is allowed in part.

Orders

  • ['The sentences in respect of the two offences of passing a valueless cheque are quashed and in lieu the applicant is sentenced to a fixed term of imprisonment for 6 months to date from 18 June 2004 and which expired on 17 December 2004.' 'The sentence for the offence of using a false implement and taking into...