Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Taylor v R [2015] NSWCCA 12 Hearing dates: 9 February 2015 Decision date: 18 February 2015 Before: Basten JA at [1];
Simpson J at [36];
Davies J at [37]Decision: (1)Grant leave to appeal.
(2)Dismiss the appeal.Catchwords: CRIMINAL LAW – sentencing – appeal against sentence – whether sentence manifestly excessive – whether principle of accumulation and totality correctly applied
CRIMINAL LAW – sentencing – appeal against sentence – whether maximum two year sentence in the Local Court a limit on the maximum prescribed sentence
CRIMINAL LAW – sentencing – appeal against sentence – leniency – whether delay in prosecution caused by offender entitles to leniency – whether an earlier conviction for a later in time offence can diminish leniencyLegislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A Cases Cited: R v Doan [2000] NSWCCA 317; 50 NSWLR 115
R v Todd [1982] 2 NSWLR 517
TT v R [2014] NSWCCA 206
Veen v The Queen [No 2] [1988] HCA 14; 164 CLR 465Category: Principal judgment Parties: Tracey Karen Taylor (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Ms L Rowan (Applicant)
Ms N Williams (Respondent)
Kernaghan & Associates (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2013/309678 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 11 April 2014
- Before:
- Frearson DCJ
- File Number(s):
- 2013/309678
Judgment
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BASTEN JA: On 11 April 2014 the applicant, Tracey Karen Taylor, was sentenced by Judge Frearson SC in the District Court on four counts of assault, two being common assaults and two being assaults occasioning actual bodily harm.
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Following a trial on five counts, to which the applicant pleaded not guilty, she was acquitted on count 2 but convicted by a jury on counts 1, 3, 4 and 5. The victim of the assaults, Louise O’Brien, was the daughter of a friend of the applicant. She lived with the applicant and her family for approximately three years and eight months from February 2005 until the last day she was seen alive, being 12 October 2008.
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It is appropriate to refer to Ms O’Brien by name. Although the law is generally protective of the identity, and hence the privacy, of children involved in criminal proceedings in any way, in some circumstances that protective purpose may have unacceptable consequences. As will be noted below, Ms O’Brien was subjected to degrading and humiliating treatment as a child, which continued after her death. To refer to her in this judgment merely as “the victim”, or otherwise anonymously, is to perpetuate the denial of her humanity. While there is a statutory prohibition on the publication of the name of a child to whom criminal proceedings relate,[1] which applies even if the person is deceased at the time of the publication or broadcast,[2] that prohibition does not apply to “an official report of the proceedings of a court”[3] and hence does not apply to this judgment. The…
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- AGLC
- Taylor v R [2015] NSWCCA 12
- Case
- [2015] NSWCCA 12
- Decision Date
CaseChat Overview and Summary
The court considered whether the sentence was manifestly excessive and whether the principle of accumulation and totality was correctly applied. The court noted that Taylor's criminal history was extensive and that the sentence was not manifestly excessive. The court also considered whether the maximum two-year sentence in the Local Court was a limit on the maximum prescribed sentence. The court held that the two-year sentence was not a limit on the maximum prescribed sentence. The court further considered whether delay in prosecution caused by Taylor entitled him to leniency. The court held that delay in prosecution caused by Taylor did not entitle him to leniency. The court also considered whether an earlier conviction for a later in time offence could diminish leniency. The court held that an earlier conviction for a later in time offence could diminish leniency.
The appeal was dismissed. The court held that the sentence was not manifestly excessive and that the principle of accumulation and totality was correctly applied. The court also held that the two-year sentence in the Local Court was not a limit on the maximum prescribed sentence. The court further held that delay in prosecution caused by Taylor did not entitle him to leniency and that an earlier conviction for a later in time offence could diminish leniency.
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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