Regina v Belal Hajeid [2005] NSWCCA 262

Regina v Belal Hajeid [2005] NSWCCA 262

The original sentences were manifestly excessive because they did not properly apply the totality principle, imposed sentences at the top of the range even for accessorial liability, and failed to sufficiently moderate the aggregate sentence given the applicant's youth and prior good character. The sentences for offences involving one complainant were ordered to be partly accumulated, not wholly, on those for the other, resulting in a reduced aggregate and non-parole period.

Parties
Applicant: Belal Hajeid; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 September 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Re Sentencing
Outcome
Appeal allowed; sentences quashed; applicant re-sentenced.
Legal Topics
Sentencing, Aggravated Sexual Assault, Detain for Advantage, Manifest Excess, Totality Principle, Youth and Sentencing
Criminal Law Sentencing Aggravated Sexual Assault Detain for Advantage Manifest Excess Totality Principle Youth and Sentencing

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Parties

Belal Hajeid

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 Whether the sentencing judge erred in the factual basis for sentence
  2. 2 Whether the youth of the applicant was properly considered in sentencing
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

The original sentences were manifestly excessive because they did not properly apply the totality principle, imposed sentences at the top of the range even for accessorial liability, and failed to sufficiently moderate the aggregate sentence given the applicant's youth and prior good character. The sentences for offences involving one complainant were ordered to be partly accumulated, not wholly, on those for the other, resulting in a reduced aggregate and non-parole period.

Court Disposition

Appeal allowed; sentences quashed; applicant re-sentenced.

Orders

  • Grant leave to appeal.
  • Allow the appeal and quash the sentences imposed in the District Court.