NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Takiari v R [2009] NSWCCA 84
HEARING DATE(S): 25 March 2009
JUDGMENT DATE: 31 March 2009
JUDGMENT OF: McClellan CJatCL at 1; Buddin J at 2; Rothman J at 62
DECISION: Leave to appeal granted. Appeals dismissed.
CATCHWORDS: Criminal Law - sentence - possession of a precursor intended to be used in the manufacture of methylamphetamine - theft of property as a clerk - whether features of the case impermissibly used as aggravating factors - parity - totality
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
Bowden v R [2009] NSWCCA 45 Elyard v R [2006] NSWCCA 43 Hewitt v R (2007) 180 A Crim R 306 CASES CITED : Natoli v R [2009] NSWCCA 36 Reaburn v R (2007) 169 A Crim R 337 R v Cousins (2002) 132 A Crim R 444 R v Yildiz (2006) 160 A Crim R 218
Noel Aaron Takiari (Applicant) PARTIES: Duane Turei Takiari (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/13155; 2007/12567
P Winch (Applicant Noel) COUNSEL: A Cook SC (Applicant Duane) P Leask (Respondent)
Wells Yates and Associates (Applicant Noel) SOLICITORS: S O'Connor (Legal Aid Commission) (Applicant Duane) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/21/3203 (Noel); 07/21/3204 (Duane)
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
LOWER COURT DATE OF DECISION: 14 February 2008
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