Tazelaar v R [2009] NSWCCA 119

New South Wales Court of Criminal Appeal

CITATION: Tazelaar v R [2009] NSWCCA 119

HEARING DATE(S): 27 March 2009

JUDGMENT DATE: 29 April 2009

JUDGMENT OF: McClellan CJatCL at 1; Buddin J at 35; Rothman J at 36

1. Leave to appeal granted and appeal upheld in part. DECISION: 2. Quash the sentence imposed on count 2 and taking into account the matters on the Form 1 for that count sentence the applicant to a non-parole period of 2 years and 6 months commencing on 21 January 2008 with a balance of term of 2 years expiring on 20 July 2012. The non-parole period will expire on 20 July 2010 on which day the applicant will be eligible for release on parole. 3. With respect to counts 6, 8, 10, 12 and 14 sentence the applicant to a fixed term of six months imprisonment in relation to each count to be served concurrently commencing on 21 January 2008. 4. Otherwise the appeal is dismissed.

CATCHWORDS: CRIMINAL LAW - appeal against sentence - totality principle - discretion of sentencing judge when determining whether to accumulate sentences - question of discount afforded to offender who does not plead guilty at earliest opportunity but offers plea only after negotiating with Crown to secure more favourable outcome - appeal upheld in part

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146 Cahyadi v R (2007) 168 A Crim R 41 R v Dib [2003] NSWCCA 117 R v Hammoud [2000] 118 A Crim R 66 CASES CITED : R v Stambolis [2006] NSWCCA 56 R v SY [2003] NSWCCA 291 R v Thomson; R v Houlton [2000] NSWCCA 309 R v Weldon [2002] 136 A Crim R 55 Veen v R (No 2) (1988) 164 CLR 465 Wilkins (1988) 38 A Crim R 445