Khudadadi v R [2021] NSWCCA 259

Khudadadi v R [2021] NSWCCA 259

The sentencing judge did not err by failing to consider s 22A because no submission relying on that provision was made below, the applicant had not shown rare circumstances or serious injustice, and the agreed facts saved only non-contentious evidence that was otherwise easy for the Crown to establish. The sentence of three years' imprisonment with a non-parole period of two years was not manifestly excessive, given the seriousness of wounding with intent to cause grievous bodily harm, the significant violence and ferocity of the attack, and the sentencing judge's proper consideration of the applicant's mitigating subjective circumstances and special circumstances.

Jurisdiction
Australia
Judgment Date
03 November 2021
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal; Leave Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'facilitating the Administration of Justice' 'manifest Excess' 'intensive Correction Order' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Appeals'] ['wounding With Intent to Cause Grievous Bodily Harm' 'facilitating the Administration of Justice' 'manifest Excess' 'intensive Correction Order' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal; Leave Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentencing judge failed to consider s 22A of the Crimes (Sentencing Procedure) Act 1999 (NSW) and the assistance said to have been provided by the applicant in facilitating the administration of justice at trial.' 'Whether the sentence imposed for wounding with intent to cause grievous bodily harm was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not err by failing to consider s 22A because no submission relying on that provision was made below, the applicant had not shown rare circumstances or serious injustice, and the agreed facts saved only non-contentious evidence that was otherwise easy for the Crown to establish. The sentence of three years' imprisonment with a non-parole period of two years was not manifestly excessive, given the seriousness of wounding with intent to cause grievous bodily harm, the significant violence and ferocity of the attack, and the sentencing judge's proper consideration of the applicant's mitigating subjective circumstances and special circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']