CITATION: REGINA v. TETERYCZ [2005] NSWCCA 197
HEARING DATE(S): Wednesday 18 May 2005
JUDGMENT DATE:
24 May 2005JUDGMENT OF: Simpson J at 1; Buddin J at 2; Hall J at 3
DECISION: Application for leave to appeal granted; appeal is allowed in relation to grounds 1(a), (b) and (c) of the application for leave to appeal; the sentence imposed of four years and three months, dating from 28 September 2005 be set aside; That a sentence of three years and two months be substituted dating from 28 September 2005; that a non-parole period in respect of that sentence of two years be substituted; the non-parole period is to expire on 27 September 2007, the earliest date on which the applicant will be eligible for release on parole.
CATCHWORDS: Criminal law - appeal against sentence - Henry guideline - no inbuilt allowance for an early plea - discount for plea of guilty - 25% discount - utilitarian value of the plea - strength of the Crown case - manifestly excessive sentence - starting point for sentence - sentence imposed on co-offender - parity.
LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912CASES CITED: Carter [2001] NSWCCA 245
Thomson & Houlton (2000) 49 NSWLR 383
Henry (1999) 46 NSWLR 346
Murchie (1999) 108 A. Crim. R. 482PARTIES: REGINA v.
Ashley Scott TETERYCZFILE NUMBER(S): CCA 2005/411
COUNSEL: Crown: V. Lydiard
App: R. BurgessSOLICITORS: Crown: S. Kavanagh
App: S.E. O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/0265;
04/21/0061LOWER COURT JUDICIAL OFFICER: Armitage, DCJ.
2005/411 CCAP
TUESDAY 24 MAY 2005SIMPSON, J.
BUDDIN, J.
HALL, J.
1 SIMPSON, J: I agree with Hall, J.
2 BUDDIN, J: I agree with Hall, J.
3 HALL, J: On 27 July 2004, his Honour Judge Armitage sentenced the appellant on a number of offences. The applicant had been convicted by a jury of two charges of breaking and entering and stealing in circumstances of aggravation, one of malicious damage and one of larceny.
4 The applicant pleaded guilty to related charges of malicious damage and larceny and also to two unrelated charges of robbery in company and breaking, entering and stealing. Particulars of the offences charged and the sentences imposed are set out below.
Summary of offences and sentences
Count Offence Sentence
1 and 2 Break, enter and steal Imprisonment for three years and
(11.8.02) s.112(2), Crimes Act 1900 four months commencing 28.3.04 and expiring 4.9.07
3 Larceny Imprisonment for a fixed term of
(11.8.02) s.117, Crimes Act 1900 one year commencing 28.3.04 and expiring 27.3.06
5 Malicious damage to property Imprisonment for a fixed term of4 Malicious damage to property Imprisonment for a fixed term of
(11.8.02) s.195(a), Crimes Act 1900 one year commencing 28.3.05
and expiring 27.3.06
(11.8.02) (Coke machine damage) six months commencing 28.3.04
s.195(a), Crimes Act 1900
6 Larceny Imprisonment for afixed term of
(11.8.02) s.117, Crimes Act 1900 six months commencing 28.3.04
Indictment dated 29 April 2004
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- Regina v Teterycz [2005] NSWCCA 197
- Case
- [2005] NSWCCA 197
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the trial judge appropriately considered the respondent's early guilty plea, the strength of the Crown's case, and the principles of parity when determining the sentence. The appeal hinged on the extent to which the trial judge had applied a discount for the guilty plea and whether the starting point for sentencing was correctly determined. Additionally, the court had to assess whether the sentence was manifestly excessive and whether it achieved the appropriate balance between punishment and deterrence.
The Court of Appeal found that the trial judge had not adequately taken into account the discount for the respondent's early guilty plea, as there was no inbuilt allowance for such a plea under the Henry guideline. The court determined that the 25% discount for a plea of guilty should have been applied. Furthermore, the court held that the trial judge had not sufficiently considered the strength of the Crown's case and the utilitarian value of the respondent's plea. The Court of Appeal concluded that the sentence was manifestly excessive and not justified under the circumstances. The court also noted that the starting point for sentencing was incorrectly calculated and that the sentence imposed on a co-offender, who had committed a similar offence, did not provide a basis for parity. Consequently, the sentence was quashed, and the matter was remitted to the County Court for resentencing.
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
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