R v Taufahema [2010] NSWCCA 241

New South Wales Court of Criminal Appeal

CITATION: R v Taufahema [2010] NSWCCA 241

HEARING DATE(S): 14/10/2010

JUDGMENT DATE: 28 October 2010

JUDGMENT OF: McClellan CJatCL at 1; Kirby J at 2; Hoeben J at 3

The Crown appeal is allowed. The sentence in respect of count 4 is quashed and in lieu thereof the respondent is sentenced to imprisonment with a non-parole period of 2 years to date from 10 December 2007 and to expire on 9 December 2009 with a balance of term of 2 years to expire on 9 December 2011. DECISION: The sentence in respect of count 1 is quashed and in lieu thereof the respondent is sentenced to a term of imprisonment with a non-parole period of 4 years to date from 10 December 2008 and to expire on 9 December 2012 with a balance of term of 3 years to expire on 9 December 2015. The sentence in respect of count 2 is quashed and in lieu thereof the respondent is sentenced to imprisonment with a non-parole period of 4 years to date from 10 December 2009 and to expire on 9 December 2013 with a balance of term of 3 years to expire on 9 December 2016. The sentence in respect of count 3 is quashed and in lieu thereof the respondent is sentenced to imprisonment with a non-parole period of 4 years to date from 10 June 2011 and to expire on 9 June 2015 with a balance of term of 3 years to expire on 9 June 2018.

CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - pleas of guilty to three offences of robbery armed with a dangerous weapon and one offence of possess pistol without licence - whether sentences reflected the objective seriousness of the offences, whether principle in Pearce v The Queen (1994) 194 CLR 610 was applied - whether regard had to offences on Form 1 - application of standard non-parole period - application of principle of totality.