District Court
New South Wales
Medium Neutral Citation: R v Tanti [2021] NSWDC 381 Hearing dates: 5 August 2021 Date of orders: 5 August 2021 Decision date: 05 August 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 4 years 6 months with a non-parole period of 2 years 6 months.
Catchwords: CRIME - Possess Shortened Firearm - Possess Defaced Firearm - Possess Loaded Firearm in Public Place - Supply prohibited drug - Drive whilst disqualified - Negligent driving
SENTENCING - Relevant factors on sentence - early plea - multiple offences - Forms 1 - s 166 summary matters - serving Local Court sentences - totality – application of Pearce v The Queen – long term drug addict – long record - escalation of seriousness of offending - some recent insight into need for rehabilitation programmes - community support
Legislation Cited: Crimes Act 1900
Crimes (Administration of Sentences) Act 1999
Crimes (Sentencing Procedure) Act 1999
Criminal ProcedureAct1986
Drug (Misuse and Trafficking) Act 1985
Firearms Act 1996
Cases Cited: Attorney General’s Application No 1 (2002) 56 NSWLR 146
Cahyadi v Regina [2007] NSWCCA 1 (2007) 168 A Crim R 41
El Jamal v R [2017] NSW CCA 243
Markarian v the Queen (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen (1998) 194 CLR 610
Postiglione v The Queen (1997) 189 CLR 295
R v Lachlan [2015] NSW CCA 178
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
R v Thurgar (1990) 51 A Crim R 109
Texts Cited: D. Wetherburn & S. Rahman, The Vanishing Criminal, MUP, 2021
Parole Supervision and Re-offending: Wai-Yin Wan, Suzanne Poynton, Gerard van Doorn and Don Weatherburn (2016) Australian & New Zealand Journal of Criminology v149. No.4. p 497, 2011, BOCSAR
Category: Sentence Parties: Matthew Tanti (the offender)
Director of Public ProsecutionsRepresentation: Solicitors:
Ms E Parkes, Solicitor Advocate, Legal Aid NSW (for the offender)
Ms A Kerr (for Director of Public Prosecutions)
File Number(s): 2021/00018485
sentence
Introduction
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In May 2020 Matthew Tanti was released to parole. It was not the first time he had been to gaol. He had served a number of short sentences since 2006. He was then 32. He had a wife and two children and skills as a roof tiler. Unfortunately he also had a long term methylamphetamine addiction. By September he was in trouble again. It appears he was using ½ gram a day. He was arrested and bailed for driving while disqualified on both the 5th and 22nd September 2020. In December 2020 he was arrested for goods in custody and drug possession offences. On 18 January 2021 he committed a break and enter offence.
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On 21 January 2021 Tanti was driving a car south on the Princes Highway near Kembla Grange. The car he was driving belonged to a man police knew was disqualified from driving. Unsurprisingly…
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- AGLC
- R v Tanti [2021] NSWDC 381
- Case
- [2021] NSWDC 381
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to determine were primarily focused on sentencing. The court had to consider the principles of totality and proportionality in sentencing, taking into account the defendant's early plea, multiple offences, and the need for rehabilitation. The court also had to consider the defendant's long criminal history, his status as a long-term drug addict, and the escalation in the seriousness of his offending over time. Furthermore, the court had to balance these factors against the need for general and specific deterrence, as well as the protection of the community.
The court found that the defendant's criminal history was extensive, with a pattern of escalating offending culminating in the current charges. However, the court also noted that the defendant had recently shown some insight into the need for rehabilitation programmes and had some community support. The court considered the defendant's early plea and the fact that he had been serving sentences in the Local Court, which would be taken into account in the calculation of the aggregate sentence. The court ultimately decided to impose an aggregate sentence of 4 years and 6 months, with a non-parole period of 2 years and 6 months. The court found that this sentence was proportionate to the seriousness of the offending and took into account all relevant factors.
The court ordered that the defendant be sentenced to a total of 4 years and 6 months imprisonment, with a non-parole period of 2 years and 6 months. The court noted that this sentence was arrived at by considering all relevant factors, including the defendant's early plea, multiple offences, and the need for rehabilitation. The court also noted that the sentence was proportionate to the seriousness of the offending and would provide general and specific deterrence, as well as protection for the community.
Orders
Orders of the court
Aggregate sentence of 4 years 6 months with a non-parole period of 2 years 6 months.
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
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