Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Tafra v R [2024] NSWCCA 190 Hearing dates: 16 August 2024 Date of orders: 18 October 2024 Decision date: 18 October 2024 Before: Stern JA at [1]
Cavanagh J at [1]
Sweeney J at [1]Decision: (1) Leave to appeal is granted.
(2) The appeal is dismissed.
Catchwords: CRIME – Appeals – Appeal against sentence – Manifest excess – where applicant sentenced for 2 counts of aggravated sexual intercourse without consent, in company – where applicant sentenced on a joint criminal enterprise basis but found to be the instigator and organiser of the assault – whether the fact that the conduct was not motivated by sexual gratification lessens the severity of the offending
Legislation Cited: Crimes Act 1900 (NSW), ss 61JA, 61J, 61HA
Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321
Franklin v R [2013] NSWCCA 122
Imrak v R; Dagdanasar v R [2021] NSWCCA 178
Lowndes v The Queen (1999) 195 CLR 665
Category: Principal judgment Parties: Lawrence Tafra (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
P D Rosser KC (Applicant)
J Styles (Respondent)
Rice More & Gibson (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2021/91236 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Date of Decision:
- 12 May 2023
- Before:
- Huggett DCJ
- File Number(s):
- 2021/91236
HEADNOTE
[This headnote is not to be read as part of the judgment]
The applicant sought leave to appeal from a sentence imposed upon him by Huggett DCJ (as her Honour then was) in respect of two counts of aggravated sexual intercourse without consent, in company, contrary to s 61JA(1) of the Crimes Act 1900 (NSW). The sole ground of appeal was that the sentence was manifestly excessive.
The sentencing judge provided indicative sentences in respect of both offences of 11 years and 4 months, with a non-parole period of 7 years. Her Honour imposed an aggregate sentence of 14 years and 6 months with a non-parole period of 8 years and 6 months. The applicant was sentenced at the same time as two co-offenders, Holly Moran and Kaylene Moran.
The applicant was involved in selling drugs. He believed that whilst at his house the victim and two men with her had stolen some of his drugs and fled. After chasing them in his vehicle, the applicant arranged for the victim to be taken to a house where he asked that she be kept until he arrived. He believed that the victim had secreted some of the stolen drugs in her body. He arranged for the two female co-offenders to attend at the house for the specific purpose of extracting the drugs from the victim’s body.
The victim was detained in a room,…
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- AGLC
- Tafra v The King [2024] NSWCCA 190
- Case
- [2024] NSWCCA 190
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing in the context of joint criminal enterprises and the role of the applicant as the instigator and organiser. The court acknowledged that the absence of a sexual motive might be a mitigating factor, but ultimately determined that the severity of the assault and the applicant's significant role in orchestrating the crime outweighed any potential mitigation. The court found that the sentence imposed was not manifestly excessive, and therefore dismissed the appeal. The reasoning emphasised the importance of considering the gravity of the offences and the offender's role within the criminal enterprise when determining an appropriate sentence.
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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