NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Tapai v Regina [2009] NSWCCA 246
HEARING DATE(S): 16 September 2009
JUDGMENT DATE: 16 September 2009
JUDGMENT OF: Spigelman CJ at 1; McClellan CJatCL at 39; Grove J at 40
1 Extend time for filing notice of an application for leave to appeal up to and including 28 May 2009. DECISION: 2 Grant leave to appeal. 3 Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - sentence - relevant factors - parity between co-offenders - may consider sentencing reasons for co-offender but not whether that sentence manifestly excessive or inadequate. - CRIMINAL LAW - sentence - sentencing procedure - factual basis for sentence - role of guilty plea or depositions - discount for utilitarian value - remorse and contrition encompassed by plea discount - s 21A Crimes (Sentencing Procedure) Act 1999. - CRIMINAL LAW - sentence - non-parole period or minimum term - New South Wales - aggravating or mitigating factors - fact that aggravating factors which might be present in other cases were not present does not detract from significance of other elements of aggravation. - CRIMINAL LAW - sentence - sentencing procedure - sentencing statistics, schedules, tariffs, comparisons, etc - statistics of limited use when based on limited data.
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999
Hutton v Queen [2008] NSWCCA 99 CASES CITED : Kite v R [2009] NSWCCA 12 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 R v Yildiz [2006] NSWCCA 97; (2006) 160 A Crim R 218
PARTIES: Gorica Tapai (Appellant) Regina (Respondent)
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