NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v. TETERYCZ [2005] NSWCCA 197
HEARING DATE(S): Wednesday 18 May 2005
JUDGMENT DATE: 24 May 2005
JUDGMENT OF: Simpson J at 1; Buddin J at 2; Hall J at 3
DECISION: Application for leave to appeal granted; appeal is allowed in relation to grounds 1(a), (b) and (c) of the application for leave to appeal; the sentence imposed of four years and three months, dating from 28 September 2005 be set aside; That a sentence of three years and two months be substituted dating from 28 September 2005; that a non-parole period in respect of that sentence of two years be substituted; the non-parole period is to expire on 27 September 2007, the earliest date on which the applicant will be eligible for release on parole.
CATCHWORDS: Criminal law - appeal against sentence - Henry guideline - no inbuilt allowance for an early plea - discount for plea of guilty - 25% discount - utilitarian value of the plea - strength of the Crown case - manifestly excessive sentence - starting point for sentence - sentence imposed on co-offender - parity.
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912
Carter [2001] NSWCCA 245 Thomson & Houlton (2000) 49 NSWLR 383 CASES CITED: Henry (1999) 46 NSWLR 346 Murchie (1999) 108 A. Crim. R. 482
REGINA v. PARTIES: Ashley Scott TETERYCZ
FILE NUMBER(S): CCA 2005/411
Crown: V. Lydiard COUNSEL: App: R. Burgess
Crown: S. Kavanagh SOLICITORS: App: S.E. O'Connor
LOWER COURT JURISDICTION: District Court
03/21/0265; LOWER COURT FILE NUMBER(S): 04/21/0061
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