R v Bazzi [2006] NSWDC 121

R v Bazzi [2006] NSWDC 121

The court held that none of the offences before it had any significant commonality of conduct such that Ms Bazzi would be doubly punished, and thus the rationale of Pearce concerning double punishment did not apply. Sentences were fixed for each offence, taking account of Form 1 matters, circumstances specific to Ms Bazzi, and the seriousness of offending. Special circumstances were found for parole eligibility to a limited extent, but the overall parole period remained extensive.

Parties
Prosecution: Regina; Accused: Rania Bazzi
Jurisdiction
Australia
Judgment Date
24 November 2006
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Break Enter and Steal, Stealing, Receiving, Disposing of Stolen Property, Totality Principle
Criminal Law Sentencing Break Enter and Steal Stealing Receiving Disposing of Stolen Property Totality Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecution

Rania Bazzi

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentences for multiple property offences including aggravated break, enter and steal, stealing, receiving, and disposing of stolen property
  2. 2 Application of totality principle and consideration of common conduct in sentencing as guided by Pearce
  3. 3 Consideration of special circumstances for parole eligibility

Ratio Decidendi

The court held that none of the offences before it had any significant commonality of conduct such that Ms Bazzi would be doubly punished, and thus the rationale of Pearce concerning double punishment did not apply. Sentences were fixed for each offence, taking account of Form 1 matters, circumstances specific to Ms Bazzi, and the seriousness of offending. Special circumstances were found for parole eligibility to a limited extent, but the overall parole period remained extensive.

Court Disposition

Convicted and sentenced

Orders

  • She is convicted in respect of each offence on the indictment.
  • In regard to each 8 Break Enter and Steal offences, she is sentenced to a minimum term of 4.5 years imprisonment with a total term of 6.5 years in each case. Each sentence is to date from 27 June 2005 so that the earliest date for her release on parole will be 26 December 2009.