Tasker v R [2024] NSWCCA 57

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tasker v R [2024] NSWCCA 57 Hearing dates: 16 February 2024 Date of orders: 03 May 2024 Decision date: 03 May 2024 Before: Bell CJ at [1]; Button J at [2]; McNaughton J at [6] Decision: (1) Leave to appeal is granted. (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – where sentencing judge considered material from a previous sentence over which they presided – whether sentencing judge erred in denying applicant procedural fairness CRIME – appeals – appeal against sentence –whether sentencing remarks demonstrate that the Form 1 offence was taken into account as a matter of aggravation when assessing the objective seriousness of the primary offence CRIME – appeals – appeal against sentence – whether there was an excessive degree of notional accumulation of indicative sentences – whether sentence imposed is manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), ss 111, 112, 117, 192E Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 33 Evidence Act 1995 (NSW), s 4 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 Geagea v R [2020] NSWCCA 350 GG v R [2023] NSWCCA 102 He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95 HT v The Queen (2019) 269 CLR 403; [2019] HCA 40 Lee v R [2020] NSWCCA 244 Munday v R [2017] NSWCCA 95 Noonan v R [2021] NSWCCA 35 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Weir v R [2011] NSWCCA 123 XY (A Pseudonym) v R [2023] NSWCCA 50 Texts Cited: Nil Category: Principal judgment Parties: Michael Tasker (Applicant) Rex (Respondent) Representation: Counsel: I McLachlan (Applicant) S Traynor (Respondent)