Tattersall v R [2011] NSWCCA 282

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tattersall v R [2011] NSWCCA 282 Hearing dates: 14 October 2011 Decision date: 16 December 2011 Before: McClellan CJ at CL at [1] Latham J at [37] Harrison J at [38] Decision: Leave to appeal refused Catchwords: CRIMINAL APPEAL - s86(3) Crimes Act 1900 (NSW) - consideration of evidence in co-offenders' hearings on sentence - leave to appeal refused. Legislation Cited: Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1995 (NSW) Category: Principal judgment Parties: Jason Allen Tattersall (Applicant) Crown Representation: A Francis (Applicant) P G Ingram SC (Crown) Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2007/54286 Decision under appeal Date of Decision: 2010-12-09 00:00:00 Before: Conlon DCJ File Number(s): 2010/54286

Judgment 1McCLELLAN CJ at CL: The applicant pleaded guilty to one count of detaining Steven Jiminez without his consent and with intent to obtain an advantage, namely psychological, and at the time of detaining, actual bodily harm was occasioned to Jiminez. The offence was contrary to s 86(3) of the Crimes Act 1900 (NSW), the maximum penalty being 25 years imprisonment. 2The sentencing judge was also required to take into account on a Form 1 an offence of deem supply of a prohibited drug, being 5.3 grams of methylamphetamine contrary to s 25 Drug Misuse and Trafficking Act 1995 (NSW). 3The applicant was sentenced to imprisonment for a term of 14 years and 5 months comprising a non-parole period of 11 years with a balance of term of 3 years and 5 months. There are two grounds of appeal being: