Harlovich v Sebbens
[2023] ACTSCFC 3
…3 NSWLR 245; 13 A Crim R 375 R v JW [2010] NSWCCA 49; 77 NSWLR 7 R v Nicholas [2019] ACTCA 36 R v Ralston [2020] ACTCA 47; 285 A Crim R 159 R v Tait [1979] FCA 32; 24 ALR 473 Rigby v Kotis [2018] NTSC 48; 273 A Crim R 485 The State of Western Australia v THN [2023] WASCA 18 Toop v Smart [2022] WASC 237 Weiss v…
DPP v Tullipan (a pseudonym)
[2021] VSCA 191
Para 1
…ably required to assist the sentencing judge to avoid the error’,[21] that is, to provide assistance by way of comparable cases. [21]Citing R v Tait (1979) 24 ALR 473, 477 (Brennan, Deane and Gallop JJ); Frewstal (2015) 47 VR 660, 675 [71]–[72]; [2015] VSCA 266 (Maxwell P).…
Pattinson v Australian Building and Construction Commissioner
[2020] FCAFC 177
Para 20
…reasons of Brennan, Deane and Gallop JJ in the Full Court of this Court on appeal from the Supreme Court of the Northern Territory in R v Tait [1979] FCA 32; 46 FLR 386. In expressing the principle by reference to two decisions of Dwyer CJ and Burt CJ in Reynolds v Wilkinson (1948) 51 WALR 17 and Bensegger v Th…
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Para 14
…LR 357 at 372‑375 [30]‑[39]. [47](2016) 91 ALJR 131 at 137 [18]‑[19]; 339 ALR 229 at 234‑235; [2016] HCA 48 (footnotes omitted). See also R v Tait (1979) 24 ALR 473 at 484; Veen v The Queen [No 2] (1988) 164 CLR 465 at 478; Nguyen v The Queen (2016) 256 CLR 656 at 668‑669 [34]; [2016] HCA 17.…
Stewart v The Queen
[2016] NTCCA 3
…[22] R v Tait and Bartley (1979) 46 FLR 386; [1979] FCA 32 at 388…
R v Di Bitonto
[2016] ACTSC 280
Para 1
…garded as a serious offence. That is confirmed by the maximum penalty set by the legislature which shows the relative seriousness of the offence. See R v Tait (1979) 46 FLR 386 at 396-8.…
GHK v The State of Western Australia
[2014] WASCA 19
Para 2
…In R v Tait (1979) 46 FLR 386, Brennan, Deane and Gallop JJ adopted Burt CJ's statement of the true rule in relation to the use of the maximum penalty for an offence (398). Their Honours added that this rule requires that 'both the nature of the crime and the circumstances of the criminal be considered in determin…
Westin v Gordon
[2012] ACTSC 44
…See also R v Tait (1979) 46 FLR 386 at 389, approved in Casey and Wells (1986) 20 A Crim R 191 at 195.…
Director of Public Prosecutions v Chatters
[2011] TASCCA 8
Para 1
…ntral to some, but not all, of these aspects. The term "double jeopardy" seems to have arisen from statements made by Brennan, Deane and Gallop JJ in R v Tait (1979) 46 FLR 386 at 388 – 389, as follows:…
R v Irvine
[2009] VSCA 239
Para 1
…DPP did make some reference to sentences imposed in other cases, though he declined to nominate a range. [37][2008] VSCA 190. [38]See for example R v Tait (1979) 24 ALR 473; R v Casey (1986) 20 A Crim R 191; R v S [2006] VSCA 134.…
R v Gordon; ex parte
[2009] QCA 209
…[5]Cf R v Tait (1979) 46 FLR 386; R v Wilton (1981) 28 SASR 362 at 367 – 368; Everett v The Queen (1994) 181 CLR 295 at 302; R v KU; Ex parte A-G (Qld) (2008) 181 A Crim R 58 at [36].…
DPP (Vic) v Simpas
[2009] VSCA 40
…It is well established that, in those jurisdictions where the Crown has a right to apply for leave to appeal against a sentence, leave should be given only in exceptional circumstances Griffiths v. The Queen (1977) 137 CLR 293 at 310; Reg. v. Tait (1979) 24 ALR 473 at 476-477; Reg. v. Wilton (1981) …
DPP v Save
[2008] VSCA 163
…Kirby J said that the appellate court should impose a substitute sentence ‘towards the lower end of the range of available sentences’. See also R v Tait (1979) 46 FLR 386, 387–8 (Brennan, Deane and Gallop JJ). In my opinion this case is not the appropriate vehicle to resolve that controversy.…
R v Riley
[2006] NTCCA 10
Para 2
…ion by putting in jeopardy for the second time the freedom beyond the sentence imposed ((1) See, eg, Whittaker v The King (1928) 41 CLR 230 at 248; Reg v Tait (1979) 24 ALR 473 at 476-477; Reg v Wilton (1981) 28 SASR 362 at 367-368; Reg v Holder (1983) 3 NSWLR 245 at 255-256; Reg v Peterson (1984) WAR 329 at 330-331…
Brandenburg v Hales & Brandenburg v Carlon
[2006] NTSC 3
Para 7
…v R (1977) 15 ALR 1, 137 CLR 293 at 308-9, per Barwick CJ. The presumption is that there is no error. See also R v Anzac (1987) 50 NTR 6 at 11-12. In R v Tait (1979) 24 ALR 473 at 476, 46 FLR 386 at 388, the Full Court of the Federal Court, citing from Cranssen v R (1936) 55 CLR 509 at 519, set out the fundamental…
Stipanich v The State of Western Australia
[2005] WASCA 145
…well established. In R v Peterson [1984] WAR 329 at 330, they were said by Burt CJ to be identical to those stated by Brennan, Deane and Gallop JJ in R v Tait (1979) 46 FLR 386 at 387 – 388. After referring to Harris v The Queen (1954) 90 CLR 652; Kovac v The Queen (1977) 15 ALR 637 and Cranssen v The King (1936)…
Australian Securities and Investments Commission v Vizard
[2005] FCA 1037
Para 23
…ark the disapproval by the law of the conduct in question and in the hope that other people will be deterred from like behaviour.” See also R v Tait (1979) 46 FLR 386, 399.…
Regina v Salim Saboune
[2005] NSWCCA 92
…15 The limitations on appeals must be borne in mind. As stated in R v Tait (1979) 46 FLR 386 at 388:…
DPP (Cth) v Alateras
[2004] VSCA 214
…d, however, demonstrates that the judge must have acted upon some wrong principle or upon a misunderstanding or a wrong assessment of the evidence: Regina v Tait (1979) 24 ALR 473 at 476-477. The judge has paid no regard at all to the principle of deterrence, which is of vital importance in these cases. I am unable to…
The State of Western Australia v Anderson
[2004] WASCA 157
…e well-settled. In R v Petersen [1984] WAR 329 at 330, they were said by Burt CJ to be identical to those stated by Brennan, Deane and Gallop JJ in R v Tait (1979) 46 FLR 386 at 387 – 388. After referring to Harris v The Queen (1954) 90 CLR 652; Kovac v The Queen (1977) 15 ALR 637 and Cranssen v The King (1936) 55…
Director of Public Prosecutions v Watson
[2004] TASSC 54
Para 1
…t sentence, even if manifest inadequacy is made out, the appeal will be dismissed if to do otherwise would result in an injustice to the accused. See R v Tait (1979) 24 ALR 473; Malvaso v R (1989) 168 CLR 227 at 234 ; Griffiths v R (1977) 137 CLR 293 at 310 ; R v Harland-White CCA 23/1997 ; Attorney-General v McDo…
R v Vletter
[2004] WASCA 96
Para 1
…e well‑settled. In R v Petersen [1984] WAR 329 at 330, they were said by Burt CJ to be identical to those stated by Brennan, Deane and Gallop JJ in R v Tait (1979) 46 FLR 386 at 387 – 388. After referring to Harris v The Queen (1954) 90 CLR 652; Kovac v The Queen (1977) 15 ALR 637 and Cranssen v The King (1936) 55…
R v AEM
[2002] NSWCCA 58
…93 In R v Tait (1979) 46 FLR 386, Brennan, Deane and Gallop JJ said at 399:…
R v Western
[2001] WASCA 194
…17 I also refer to R v Grein [1989] WAR 178, where Malcolm CJ (at 180) referred to the dicta of Brennan, Deane and Gallop JJ in R v Tait (1979) 46 FLR 386 at 387 - 388, in which their Honours said:…
Cruse v Treminio
[2001] ACTSC 59
Para 1
…In R v Tait (1979) 46 FLR 386 Brennan, Deane and Gallop JJ observed at 388:…
R v Foster
[2001] NSWCCA 215
…In R v Tait (1979) 24 ALR 473 at 476-477 a full bench of the Federal Court said:…
R v "G"
[2001] WASCA 160
Para 2
…In R v Grein [1989] WAR 178 Malcolm CJ (at 180) referred to the dicta of Brennan, Deane and Gallop JJ in R v Tait (1979) 46 FLR 386 at 387 ‑ 388, where their Honour's said: "Although an error affecting the sentence must appear before the appellate court will intervene in an appeal either by the Crown or by a defen…
The Queen v Tipene
[2000] NZCA 358
Para 3
…owed appeals and increased sentences where there has been a gross inadequacy of sentence and the offender is already serving a custodial sentence. In R v Tait (1979) 24 ALR 473, 477 the Federal Court of Australia stated: "… there would be few cases where the appellate court would intervene on an appeal against sen…
R v King
[2000] WASCA 130
…are well-settled. In R v Peterson [1984] WAR 329 at 330 they were said by Burt CJ to be identical to those stated by Brennan, Deane and Gallop JJ in R v Tait (1979) 46 FLR 386 at 387 – 388. After referring to Harris v The Queen (1954) 90 CLR 652, Kovac v The Queen (1977) 15 ALR 637, and Cranssen v The King (1936)…
R v CW
[2000] WASCA 81
Para 11
…re well‑settled. In R v Peterson [1984] WAR 329 at 330, they were said by Burt CJ to be identical to those stated by Brennan, Deane, Gallop JJ in R v Tait (1979) 46 FLR 386 at 387‑388. After referring to Harris v The Queen (1954) 90 CLR 652; Kovac v The Queen (1977) 15 ALR 637 and Cranssen v The King (1936) 55 CLR…
Hill v Bodenham
[2000] WASCA 37
Para 2
…matter of this kind. It is an approach which is common to both parties. It is set out conveniently in the judgment of Brennan, Deane and Gallop J in R v Tait (1979) 46 FLR 386 at 388 in these terms: "That is, the appellate court should not interfere with the sentence unless is it "shown the sentencing judge was i…
R v Wong
[1999] NSWCCA 420
…(1997) 94 ACrimR 466 at 511; Spigelman “Sentencing Guideline Judgments” 11 CICJ 5 at 10-11; 73 ALJ 876 at 880-881). See also R v Tait (1979) 46 FLR 386 at 399. The quantity of drugs involved is an exceptionally importance aspect of the objective seriousness of the crime. However, it is not determinative of the ap…
R v Ottobrino
[1999] WASCA 207
…are well settled. In R v Peterson [1984] WAR 329 at 330, they were said by Burt CJ to be identical to those stated by Brennan, Deane and Gallop JJ in R v Tait (1979) 46 FLR 386 at 387 - 388 where referring to Harris v The Queen (1954) 90 CLR 652; Kovac v The Queen (1977) 15 ALR 637; and Cransen v The King (1936) 5…
R v R & S; ex parte
[1999] QCA 181
…The description of these injuries was confirmed by photographs taken at the hospital whilst the child was under anaesthetic. 8 Both respondents participated in records of interview with the police. S admitted to some burns and blows and an escalating level of violence by both himself and R against t…
Kauhanen v R
[1999] WASCA 14
…are well-settled. In R v Petterson [1984] WAR 329 at 330 they were said by Burt CJ to be identical to those stated by Brennan, Deane and Gallop JJ in R v Tait (1979) 46 FLR 386 at 387-388 where their Honours said:…
R v Swain
[1999] WASCA 22
Para 11
…le to an appeal by the Crown against sentence under s688(2)(d) of the Criminal Code were those which had been stated by Brennan, Dean, Gallop JJ in R v Tait (1979) 46 FLR 386 at 387‑388. In that decision their Honours' said: "An appellate court does not interfere with the sentence imposed merely because it is of t…
Regina v King
[1999] NSWCCA 16
…KING -11- IN THE COURT OF CRIMINAL APPEAL No. 60692 of 1998 CORAM: GROVE, J. DUNFORD, J. GREG JAMES, J. WEDNESDAY 3 MARCH 1999 REGINA v. GREGORY PAUL KING JUDGMENT GREG JAMES, J: 1 This appeal is brought by the Director of Public Prosecutions against a sentence of 12 months penal servitude comprisin…
Von Berg, Michael Gunther Baron v Trade Practices Commission (now known as the Australian Competition and Consumer Commission)
[1996] FCA 1140
…gianni v The Queen (1985) 156 CLR 473 Whitehorn v The Queen (1983) 152 CLR 657 Morris v The Queen (1987) 163 CLR 454 M v The Queen (1994) 181 CLR 487 Reg v Tait (1979) 24 ALR 473 Hughes v Western Australian Cricket Association (1986) 8 ATPR 40-748 Queensland Wire Industries Pty Ltd v Broken Hill Proprietary Co Ltd (…
Everett v the Queen
[1994] HCA 49
…6. Section 401(2)(c) of the Tasmanian Criminal Code confers upon the Court of Criminal Appeal jurisdiction to grant leave to the Attorney-General to appeal against sentence. Such a jurisdiction has become commonplace throughout this country and the common law world. Nonetheless, in its exercise, a c…
R v Shrestha
[1991] HCA 26
…26. In Breuer and Chaney, where the court upheld a refusal to make an eligibility-for-parole order, Burt C.J. (at pp 5,6) referred to what had been said in Reg. v. Tait (1979) 46 FLR 386, at p 399; 24 ALR 473, at p 485, as stating considerations which reflect appropriately the nature and circumstanc…
Commodore Business Machines Pty Ltd v Trade Practices Commission
[1990] FCA 84
…In R v Tait (1979) 24 ALR 473 at 476, a decision of the Full Court of this Court, Brennan, Deane and Gallop JJ. said:…
Rohde v Director of Public Prosecutions
[1986] HCA 50
…DEANE J.: A statutory conferral of a prosecution power of appeal against the sentence passed by a trial court upon a person convicted of a criminal offence has been rightly described as "a marked departure from the principles theretofore governing the exercise of penal jurisdiction" (per Dixon J., W…
Di Paolo v The Queen
[1984] HCA 19
…GIBBS C.J., MASON, BRENNAN, DEANE and DAWSON JJ. It does not appear, from the material before the Court, that the decision of the Court of Criminal Appeal was influenced by considerations of prevalence which were not before the learned sentencing judge. Therefore, the case does not raise for decisio…
Singh v The Queen
[1983] FCA 374
…The principles which should guide appeal courts when reviewing the exercise of a sentencing discretion are well established. In R v Tait (1979) 24 A.L.R. 473 this court said at p.476: "An appellate court does not interfere with the sentence imposed merely because it is of the view that that sentence is insufficien…