Taylor v R [2015] NSWCCA 12

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Taylor v R [2015] NSWCCA 12 Hearing dates: 9 February 2015 Decision date: 18 February 2015 Before: Basten JA at [1]; Simpson J at [36]; Davies J at [37] Decision: (1)Grant leave to appeal.

(2)Dismiss the appeal. Catchwords: CRIMINAL LAW – sentencing – appeal against sentence – whether sentence manifestly excessive – whether principle of accumulation and totality correctly applied

CRIMINAL LAW – sentencing – appeal against sentence – whether maximum two year sentence in the Local Court a limit on the maximum prescribed sentence

CRIMINAL LAW – sentencing – appeal against sentence – leniency – whether delay in prosecution caused by offender entitles to leniency – whether an earlier conviction for a later in time offence can diminish leniency Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A Cases Cited: R v Doan [2000] NSWCCA 317; 50 NSWLR 115 R v Todd [1982] 2 NSWLR 517 TT v R [2014] NSWCCA 206 Veen v The Queen [No 2] [1988] HCA 14; 164 CLR 465 Category: Principal judgment Parties: Tracey Karen Taylor (Applicant) Regina (Respondent) Representation: Counsel: Ms L Rowan (Applicant) Ms N Williams (Respondent)

Solicitors: Kernaghan & Associates (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/309678 Decision under appeal Court or tribunal: District Court Date of Decision: 11 April 2014 Before: Frearson DCJ File Number(s): 2013/309678