District Court
New South Wales
Medium Neutral Citation: R v Tongue [2023] NSWDC 175 Hearing dates: 16 March 2023 Date of orders: 03 May 2023 Decision date: 03 May 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Brenton Michael Tongue is convicted.
2 For the Federal offence, taking into account the matters on the s 16BA schedule and the appropriate discount, I impose a term of imprisonment of 15 months to date from 4 September 2022.
3 Pursuant to s 19AC(1) Crimes Act 1914 (Cth), I order that the offender be released on 3 May 2023, having served 8 months of the sentence, on entering into a recognisance in the sum of $1 to be of good behaviour for 18 months.
4 If the offender fails to comply with the recognisance release order, further action against him may be taken. This may require him to return to court.
5 For the State offences, I impose an aggregate term of imprisonment for the State offences of 2 years and 9 months.
6 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (3 May 2023) and expire on 2 February 2026.
Catchwords: CRIME – Fraud – make counterfeit money – deal with identification information
CRIME — Drug offences — Supply prohibited drug
Legislation Cited: Crimes Act 1900 (NSW)
Crimes Act 1914 (Cth)
Crimes (Currency) Act 1981 (Cth)
Crimes (Sentencing Procedure) Act 1999
Drugs Misuse and Trafficking Act 1985 (NSW)
Cases Cited: Attorney General’s Application under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 546
Bugmy v The Queen (1990) 169 CLR 525
Deakin v The Queen (1984) 58 ALJR 367
Hili v The Queen (2010) 242 CLR 520
Johnson v The Queen (2004) 78 ALJR 616
Mandranis v R [2021] NSWCCA 97
Power v The Queen (1974) 131 CLR 623
R v El Karhani (1990) 21 NSWLR 370
Category: Sentence Parties: Rex (Crown)
Brenton Michael Tongue (Offender)Representation: Counsel:
Solicitors:
L Cavell (Crown)
M Kiriakos (Offender)
Commonwealth Director of Public Prosecutions (Crown)
Carmody Lawyers (Offender)
File Number(s): 2021/194794 Publication restriction: None
JUDGMENT
Introduction
-
Brenton Michael Tongue (the offender) appears for sentence after pleading guilty in the Local Court to the following offences:
Sequence
Offence
Maximum penalty
2
Make counterfeit money, contrary to s 6, Crimes (Currency) Act 1981 (Cth).
14 years imprisonment and/or fine of $186,480
10
Deal with identification information with the intention to commit, or facilitate the commission of, an indictable offence, namely fraud, contrary to s 192J, Crimes Act 1900 (NSW).
10 years imprisonment and/or fine of $110,000
7
(s 166)
Supply a prohibited drug contrary to ss 25(1), Drugs Misuse and Trafficking Act 1985 (NSW).
2 years imprisonment and/or a fine of $11,000
-
In passing sentence for sequence 2, the offender asks the Court…
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- AGLC
- R v Tongue [2023] NSWDC 175
- Case
- [2023] NSWDC 175
- Decision Date
CaseChat Overview and Summary
The court addressed the legal issues by first confirming the appellant's guilt on all charges. It then proceeded to consider the appropriate sentence, taking into account the seriousness of the offences, the appellant's criminal history, and the principles of sentencing. The court noted the appellant's previous convictions and the impact of his criminal behaviour on the community. The court also considered the appellant's guilty plea and his cooperation with authorities. After weighing these factors, the court determined an appropriate sentence that balanced the need for punishment, deterrence, and rehabilitation.
The court sentenced the appellant to a term of imprisonment for the federal offence of 15 months, to be served from 4 September 2022. For the state offences, the court imposed an aggregate term of imprisonment of 2 years and 9 months. The court ordered the appellant's release on 3 May 2023, following the completion of 8 months of his sentence, subject to certain conditions. The sentence for the state offences is to be served as an intensive correction order, commencing on 3 May 2023 and expiring on 2 February 2026. The court also noted that failure to comply with the release conditions could result in further legal action.
Orders
Orders of the court
1 Brenton Michael Tongue is convicted.
2 For the Federal offence, taking into account the matters on the s 16BA schedule and the appropriate discount, I impose a term of imprisonment of 15 months to date from 4 September 2022.
3 Pursuant to s 19AC(1) Crimes Act 1914 (Cth), I order that the offender be released on 3 May 2023, having served 8 months of the sentence, on entering into a recognisance in the sum of $1 to be of good behaviour for 18 months.
4 If the offender fails to comply with the recognisance release order, further action against him may be taken. This may require him to return to court.
5 For the State offences, I impose an aggregate term of imprisonment for the State offences of 2 years and 9 months.
6 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (3 May 2023) and expire on 2 February 2026.
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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