Jaturawong v Regina [2011] NSWCCA 168

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jaturawong v Regina [2011] NSWCCA 168 Hearing dates: 8 July 2011 Decision date: 28 July 2011 Before: Beazley JA at 1; Hall J at 50; Harrison J at 51 Decision: 1. Grant leave to appeal against sentence; 2. Appeal allowed; 3. Sentences imposed by Berman DCJ on 14 May 2011 quashed; 4. Pursuant to the Crime (Sentencing Procedure Act) 1999, s 53A(1) the applicant is sentenced to a non-parole period of 16 months commencing on 14 May 2010 to expire on 13 September 2011 together with an additional term of 11 months to expire on 13 August 2012. Catchwords: CRIMINAL LAW - sentence - appeal against sentence - accessorial liability - accessory before the fact to common law offence of Misconduct in Public Office - whether sentence imposed on first co-offender gave rise to justifiable sense of grievance on part of second co-offender - sentencing judge erred - sentencing judge imposed disproportionately severe sentence on second co-offender compared to first co-offender - appeal allowed - aggregate sentence of imprisonment set pursuant to Crimes (Sentencing Procedure) Act 1999, s 53A(1) Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Cases Cited: Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Lowe v R [1984] HCA 46; (1984) 154 CLR 606 Nguyen v R [2008] NSWCCA 308 R v Boney [2001] NSWCCA 432 R v Doggett (Court of Criminal Appeal, 24 March 1996, unreported) R v Hokin, Burton and Peisley (1922) 22 SR (NSW) 280 R v Ilbay [2000] NSWCCA 251 R v McNaughton [2006] NSWCCA 242 R v Pan [2005] NSWCCA 114 R v Scott [2005] NSWCCA 152; R v Wei Pan [2005] NSWCCA 114 Category: Principal judgment Parties: Komate Jaturawong (Applicant) Regina (Respondent) Representation: A Francis (Applicant) J Pickering (Respondent) Forsters Solicitors (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/31272 and ors Decision under appeal Citation: R v Komate Jaturawong Date of Decision: 2010-05-14 00:00:00 Before: Berman DCJ File Number(s): 2009/31272 and ors