Regina v Tadrosse [2005] NSWCCA 145

Reported Decision : 65 NSWLR 740

New South Wales Court of Criminal Appeal

Regina v Tadrosse [2005] NSWCCA 145 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 30/03/2005

JUDGMENT DATE: 20 April 2005

JUDGMENT OF: Grove J at 1; Howie J at 2; Hall J at 34

DECISION: The appeal is allowed in part. 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 account the Form 1 matters is quashed and in lieu the applicant is sentenced to imprisonment for 4 years and 6 months. This sentence is to date from 18 December 2004. There should be a non-parole period specified of 2 years 6 months from the same date and to expire on 17 June 2007, the date upon which the applicant is eligible to be released to parole.

CATCHWORDS: Criminal Law - Sentencing - Application of s 21A of Crimes (Sentencing Procedure) Act - vulnerability of victim - multiple victims and series of criminal acts - erroneously taking into account aggravating factors.

Crimes (Sentencing Procedure) Act 1999 - s 21A(2) Criminal Appeal Act 1912 - s 6(3) LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 - s 25 Crimes Act 1900 - ss 66EA, 178B, 178BA

R v Wickham [2004] NSWCCA 193 R v Pont (2001) 121 A Crim R 302 R v Johnson [2004] NSWCCA 307 CASES CITED: R v Dowd [2005] NSWCCA 113 R v Novakovic [2004] NSWCCA 437 R v Walker [2005] NSWCCA 109 Pearce v The Queen (1998) 194 CLR 610