R v Jammeh [2004] NSWCCA 327

R v Jammeh [2004] NSWCCA 327

Errors were established in structuring the accumulation of sentences so as to deny applicant the effective benefit of findings of 'special circumstances' and not properly taking into account pre-sentence custody, warranting adjustment of the non-parole periods but not the total head sentence.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 September 2004
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentences granted; appeals allowed in part; commencement dates and non-parole periods adjusted but total sentences confirmed.
Legal Topics
['sentencing' 'accumulation of Sentences' 'principle of Totality' 'special Circumstances' 'pre Sentence Custody']
['criminal Law'] ['sentencing' 'accumulation of Sentences' 'principle of Totality' 'special Circumstances' 'pre Sentence Custody']

Source-derived case record

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judges erred in structuring accumulated sentences without proper allowance for the principle of totality' "Whether benefit of 'special circumstances' finding was denied in structuring sentences" 'Whether the non-parole period was manifestly excessive' 'Whether periods of pre-sentence custody were properly taken into account']

Ratio Decidendi

Errors were established in structuring the accumulation of sentences so as to deny applicant the effective benefit of findings of 'special circumstances' and not properly taking into account pre-sentence custody, warranting adjustment of the non-parole periods but not the total head sentence.

Court Disposition

Leave to appeal against sentences granted; appeals allowed in part; commencement dates and non-parole periods adjusted but total sentences confirmed.

Orders

  • ['Leave to appeal against sentence for robbery (13 February 2001) granted; appeal allowed only as to commencement date; non-parole period of 2 years to commence on 30 September 2002 and expire on 29 September 2004; balance of term of 1 year to expire on 29 September 2005.' 'Leave to appeal against sentence for armed...