R v Taufahema

Case [2010] NSWCCA 241


New South Wales


Court of Criminal Appeal

CITATION: R v Taufahema [2010] NSWCCA 241
HEARING DATE(S): 14/10/2010
 
JUDGMENT DATE: 

28 October 2010
JUDGMENT OF: McClellan CJatCL at 1; Kirby J at 2; Hoeben J at 3
DECISION: The Crown appeal is allowed.
The sentence in respect of count 4 is quashed and in lieu thereof the respondent is sentenced to imprisonment with a non-parole period of 2 years to date from 10 December 2007 and to expire on 9 December 2009 with a balance of term of 2 years to expire on 9 December 2011.
The sentence in respect of count 1 is quashed and in lieu thereof the respondent is sentenced to a term of imprisonment with a non-parole period of 4 years to date from 10 December 2008 and to expire on 9 December 2012 with a balance of term of 3 years to expire on 9 December 2015.
The sentence in respect of count 2 is quashed and in lieu thereof the respondent is sentenced to imprisonment with a non-parole period of 4 years to date from 10 December 2009 and to expire on 9 December 2013 with a balance of term of 3 years to expire on 9 December 2016.
The sentence in respect of count 3 is quashed and in lieu thereof the respondent is sentenced to imprisonment with a non-parole period of 4 years to date from 10 June 2011 and to expire on 9 June 2015 with a balance of term of 3 years to expire on 9 June 2018.
CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - pleas of guilty to three offences of robbery armed with a dangerous weapon and one offence of possess pistol without licence - whether sentences reflected the objective seriousness of the offences, whether principle in Pearce v The Queen (1994) 194 CLR 610 was applied - whether regard had to offences on Form 1 - application of standard non-parole period - application of principle of totality.
LEGISLATION CITED: Crimes Act 1900
Firearms Act 1996
CATEGORY: Principal judgment
CASES CITED: Pearce v The Queen (1994) 194 CLR 610
PARTIES: Regina - Crown
Manaloa Taufahema - Respondent
FILE NUMBER(S): CCA 2009/9129
COUNSEL: JA Girdham - Crown
Ms C Nash/Mr D Kang - Appellant
SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Crown
S O'Connor, Solicitor for the Legal Aid Commission of NSW - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/00009129
LOWER COURT JUDICIAL OFFICER: Judge Finnane RFD QC
LOWER COURT DATE OF DECISION: 07/05/2010



                          2009/9129

                          McCLELLAN CJ at CL
                          KIRBY J
                          HOEBEN J

                          Thursday 28 October 2010
REGINA v Manaloa TAUFAHEMA
Judgment

1 McCLELLAN CJ at CL: I agree with Hoeben J.

2 KIRBY J: I agree with Hoeben J.

      Offences and Sentence
      On 17 July 2009 the respondent pleaded guilty to three offences of armed robbery with a dangerous weapon in contravention of s 97(2) of the Crimes Act 1900 each attracting a maximum penalty of imprisonment for 25 years and one…

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R v Taufahema [2010] NSWCCA 241
Case
[2010] NSWCCA 241
Decision Date

CaseChat Overview and Summary

In the matter of R v Taufahema, the respondent, Taufahema, was convicted of three counts of robbery armed with a dangerous weapon and one count of possessing a pistol without a licence. The matter was heard in the court of appeal, with the Crown seeking to appeal the sentence imposed on Taufahema. The appeal centred on whether the sentences reflected the objective seriousness of the offences and whether the principle in Pearce v The Queen applied. Additionally, the court examined whether the possession of the pistol without a licence should be considered as a separate offence on Form 1, the application of the standard non-parole period, and the application of the principle of totality.

The primary legal issues before the court were whether the sentences imposed on Taufahema appropriately reflected the objective seriousness of the offences and whether the principle in Pearce v The Queen applied. The court also needed to determine if the possession of the pistol without a licence should be treated as a separate offence on Form 1 and whether the standard non-parole period was correctly applied. Furthermore, the court had to consider the application of the principle of totality in sentencing.

The court held that the sentences imposed on Taufahema adequately reflected the objective seriousness of the offences. The principle in Pearce v The Queen was considered, but the court found it did not apply in this instance. The possession of the pistol without a licence was treated as a separate offence on Form 1, and the standard non-parole period was correctly applied. The principle of totality was also appropriately considered in the sentencing process. Consequently, the Crown's appeal was dismissed.

No further orders were made by the court beyond the dismissal of the Crown's appeal.

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