Streets v Tasmania

Case [2016] TASCCA 13


[2016] TASCCA 13

COURT:              SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)

CITATION:                 Streets v Tasmania [2016] TASCCA 13

PARTIES:  STREETS, Timothy Robin
  STREETS, Justin Michael
  v
  STATE OF TASMANIA

FILE NOS:  2206/2015

2208/2015

DELIVERED ON:  20 September 2016
DELIVERED AT:  Hobart
HEARING DATE:  26 August 2016
JUDGMENT OF:  Tennent, Wood and Pearce JJ

CATCHWORDS:

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Appellants alleging sentence manifestly excessive – Pleaded guilty to two counts of aggravated armed robbery – Two robberies of same pharmacy using knife – Sentence of 5 years' imprisonment with parole eligibility after half not manifestly excessive.

Criminal Code (Tas), s 402(4).
Aust Dig Criminal Law [3521]

REPRESENTATION:

Counsel:
             First Appellant:  A Hensley
             Second Appellant:  A Hensley
             Respondent:  J Dennison
Solicitors:
             First Appellant:  Legal Aid Commission of Tasmania
             Second Appellant:  Legal Aid Commission of Tasmania
             Respondent:  Director of Public Prosecutions

Judgment Number:  [2016] TASCCA 13
Number of paragraphs:  28

Serial No 13/2016

File Nos   2206/2015
              2208/2015

TIMOTHY ROBIN STREETS v STATE OF TASMANIA
JUSTIN MICHAEL STREETS v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

TENNENT J
WOOD J
PEARCE J
20 September 2016

Order of the Court (26 August 2016)

  1. Appeals allowed.

  1. Sentences imposed by sentencing judge unaltered except to commence on 3 August 2015 instead of 4 August 2015.

Serial No 13/2016

File Nos   2206/2015
              2208/2015

TIMOTHY ROBIN STREETS v STATE OF TASMANIA
JUSTIN MICHAEL STREETS v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

TENNENT J
20 September 2016

  1. I have had the benefit of reading in draft form the reasons of Pearce J for the manner in which this appeal has been disposed of. I agree with those reasons.

    File Nos   2206/2015
                  2208/2015

TIMOTHY ROBIN STREETS v STATE OF TASMANIA
JUSTIN MICHAEL STREETS v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

WOOD J
20 September 2016

  1. I agree with the reasons for judgment of Pearce J.  They accurately reflect my reasons for concluding that the sentences were not manifestly excessive and that the appeal in each case should succeed only to the limited extent regarding the commencement date of the term of imprisonment.

    File Nos   2206/2015
                  2208/2015

TIMOTHY ROBIN STREETS v STATE OF TASMANIA
JUSTIN MICHAEL STREETS v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

PEARCE J
20 September 2016

  1. Timothy Streets and Justin Streets were jointly charged with two counts of aggravated armed robbery. They pleaded guilty. On 29 October 2015, Estcourt J sentenced them both to imprisonment for five years. His Honour ordered that the sentence commence on 4 August 2015 and that they not be eligible for parole until having served half of the sentence. This appeal challenges the sentence on the ground that, in each case, it is manifestly excessive. At the conclusion of the hearing the Court announced that it was not satisfied that the ground…

Continue reading Streets v Tasmania

Sign in free to access the full text

Details
AGLC
Streets v Tasmania [2016] TASCCA 13
Case
[2016] TASCCA 13
Decision Date

CaseChat Overview and Summary

Streets v Tasmania concerned an appeal against sentence brought by the appellants before the Full Court of the Supreme Court of Tasmania. The appellants had pleaded guilty to two counts of aggravated armed robbery, both involving the same pharmacy and the use of a knife. They argued that the sentences imposed by the sentencing judge were manifestly excessive.

The central legal issue before the Full Court was whether the sentences of five years' imprisonment, with parole eligibility after serving half the term, were demonstrably too severe given the circumstances of the offences and the appellants' guilty pleas.

The Full Court considered the grounds for interfering with a sentence, which include it being manifestly excessive or inadequate. In this instance, the Court found that the sentences imposed were not manifestly excessive. However, the Court allowed the appeals on a minor technicality regarding the commencement date of the sentences.

Consequently, the appeals were allowed, but the sentences themselves remained unaltered, save for a slight adjustment to the commencement date, which was ordered to be 3 August 2015 instead of 4 August 2015.

Orders

Orders of the court

1. Appeals allowed.

2. Sentences imposed by sentencing judge unaltered except to commence on 3 August 2015 instead of 4 August 2015.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.