NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Tatana v Regina [2006] NSWCCA 398
HEARING DATE(S): 07/12/2006
JUDGMENT DATE: 13 December 2006
JUDGMENT OF: Sully J at 1; Howie J at 2; Latham J at 36
DECISION: Leave to appeal is granted and the appeal is allowed so far as the non-parole period is concerned. The non-parole period specified by Acting Judge Boulton is quashed and in lieu a non-parole period is specified of 1 year and 9 months to commence on 28 October 2005 and to expire on 27 July 2007 the day upon which the applicant is eligible to be released to parole.
CATCHWORDS: Criminal Law - Sentencing - Parity- whether refusal to find special circumstances resulted in a justifiable sense of grievance - whether the avoidance of disparity can amount to "special circumstances" justifying a reduction in the non-parole period.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - ss 21(3)(h), 44
R v Araya [2005] NSWCCA 283 CASES CITED: R v Singh [2001] NSWCCA 424 R v Do [2005] NSWCCA 209 Pearce v The Queen (1998) 194 CLR 610
PARTIES: Jacob David Tatana v Regina
FILE NUMBER(S): CCA 2006/2029
COUNSEL: N. Noman - Crown B. Glennon - Applicant
SOLICITORS: S. Kavanagh - Crown David H. Cohen - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0110
LOWER COURT JUDICIAL OFFICER: Boulton ADCJ
LOWER COURT DATE OF DECISION: 25/11/2005
IN THE COURT OF CRIMINAL APPEAL 2006/2029
SULLY J HOWIE J LATHAM J
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate