TAN v R [2010] NSWCCA 207

TAN v R [2010] NSWCCA 207

The sentences imposed on the applicant for drug supply offences were amended due to an error in commencement date but were otherwise not excessive given the scale and nature of offending. The sentence of life imprisonment for murder was justified as the offence fell within the worst category due to its extreme cruelty and planning, notwithstanding the absence of intent to kill, and the purposes of retribution, deterrence, and community protection collectively supported the sentence under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Arguments of parity and disparity with co-offenders did not warrant reduction as the applicant's role was principal and more culpable.

Jurisdiction
Australia
Judgment Date
16 September 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against drug sentences allowed in part (with amended sentences imposed); appeal against murder sentence dismissed.
Legal Topics
['sentencing' 'drug Offences' 'murder' 'principles of Parity' 'life Imprisonment']
['criminal Law'] ['sentencing' 'drug Offences' 'murder' 'principles of Parity' 'life Imprisonment']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentences imposed for drug supply offences were manifestly excessive' 'Whether the sentence of life imprisonment for murder was appropriate under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Whether a justifiable sense of grievance arose from disparity between sentences of co-offenders' 'Whether the absence of intent to kill precludes categorisation of a murder as in the worst category']

Ratio Decidendi

The sentences imposed on the applicant for drug supply offences were amended due to an error in commencement date but were otherwise not excessive given the scale and nature of offending. The sentence of life imprisonment for murder was justified as the offence fell within the worst category due to its extreme cruelty and planning, notwithstanding the absence of intent to kill, and the purposes of retribution, deterrence, and community protection collectively supported the sentence under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Arguments of parity and disparity with co-offenders did not warrant reduction as the applicant's role was principal and more culpable.

Court Disposition

Appeal against drug sentences allowed in part (with amended sentences imposed); appeal against murder sentence dismissed.

Orders

  • ['Grant leave to appeal against drug sentences imposed by Blackmore SC DCJ.' 'Allow the appeal and quash the sentences by Blackmore SC DCJ.' 'Sentence for supplying 50.7 grams of MDMA: imprisonment for a non-parole period of 4 years commencing on 7 August 2004, further term of 2 years from 7 August 2008.' 'Sentence...