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 51Decision: 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 1986Cases 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 114Category: 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
Judgment
BEAZLEY JA : On 14 May 2010, the applicant pleaded guilty to and was sentenced in respect of 7 counts of being an accessory before the fact to the offence of Misconduct in Public Office, committed by Paul Francis McPherson.
The principal offender, Mr McPherson, was sentenced at the same time in respect of one offence of corruptly receiving a reward contrary to the provisions of the Crimes Act 1900, s 249B (count 1) and for one offence of Misconduct in Public Office (count 2).
Pursuant to the Criminal Procedure Act 1986, s 166, Mr McPherson was also dealt with in respect of two further offences contained in a Form 1 attached to count 1, the s 249B offence. Those offences were a further specific offence pursuant to s 249B(1)(a)(i) for corruptly issuing a licence in…
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- AGLC
- Jaturawong v R [2011] NSWCCA 168
- Case
- [2011] NSWCCA 168
- Decision Date
CaseChat Overview and Summary
The court held that the sentencing judge had indeed erred. The judge had failed to adequately consider the disparity between the sentences imposed on the appellant and the principal offender, which gave rise to a justifiable sense of grievance on the part of the appellant. The court found that the sentence imposed on the appellant was disproportionately severe when compared to the sentence imposed on the principal offender. Consequently, the appeal was allowed, and the aggregate sentence of imprisonment was set pursuant to section 53A(1) of the Crimes (Sentencing Procedure) Act 1999.
The court further directed that the aggregate sentence of imprisonment should be reviewed to ensure that it is proportionate to the appellant's role in the offence and the sentences imposed on co-offenders. The case highlights the importance of ensuring that sentences imposed on co-offenders are proportionate and that any justifiable sense of grievance is taken into account when determining the appropriate penalty.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: HALL J, HARRISON J
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