REGINA v TETLEY [2006] NSWCCA 22

New South Wales Court of Criminal Appeal

CITATION: REGINA v TETLEY [2006] NSWCCA 22 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 10 February 2006

JUDGMENT DATE: 10 February 2006

JUDGMENT OF: Handley JA at 28; Adams J at 1; Latham J at 29

EX TEMPORE JUDGMENT DATE: 02/10/2006

DECISION: Leave to appeal granted; appeal refused.

CATCHWORDS: Sentence appeal - no question of principle

LEGISLATION CITED: Crimes Act 1900 s 188 Crimes (Sentencing Procedure) Act 1999 s 21A

Regina

PARTIES: v

Jason Phillip TETLEY

FILE NUMBER(S): CCA 2005/2428

COUNSEL: W Dawe QC - Crown P Strickland SC - Applicant

SOLICITORS: S O'Connor - Crown S Kavanagh - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/41/0102

LOWER COURT JUDICIAL OFFICER: Williams DCJ

IN THE COURT OF CRIMINAL APPEAL

2005/2428

HANDLEY JA ADAMS J LATHAM J FRIDAY 10 FEBRUARY 2006 REGINA v JASON PHILLIP TETLEY

JUDGMENT

1 ADAMS J: The applicant was convicted on 9 July 2004 following his pleas on six counts of receiving and disposing of 195 head of cattle valued at about $55,350. The offences occurred between 7 May and 7 December 2000. The applicant also asked the Court to take into account on the Form 1 six counts of obtaining a benefit by falsely representing to various buyers that he was the owner of the cattle. It should be noted that these offences, therefore, involve not only additional criminal conduct but also further victims of his dishonesty. 2 The maximum penalty for receiving under s 188 of the Crimes Act 1900 is ten years' imprisonment and obtaining a benefit by deception is five years' imprisonment. 3 Count three in the indictment referred to the largest number of cattle stolen, (90). The applicant was sentenced on this count, taking into account the matters on the Form 1, to imprisonment for two years six months to commence on 10 June 2005 and to expire on 9 December 2007 with a non-parole period to expire on 9 June 2006. 4 In respect of the other counts, fully concurrent fixed terms were imposed as follows: Count 1 (8 head) six months; count 2 (20 head) nine months; count 4 (21 head) nine months; count 5 (50 head) 12 months; count 6 (6 head) six months. Compensation orders totalling $55,351 were made although it was accepted that the applicant was not in a position to comply. 5 The applicant seeks leave to appeal from these sentences. Having regard to the grounds of appeal, the facts of the various offences are not significant in the determination of the application and it is unnecessary to refer to them further.