Khazaal v R (No 2) [2013] NSWCCA 140

Khazaal v R (No 2) [2013] NSWCCA 140

Leave to appeal was granted but the sentence appeal was dismissed because no error was established in the original sentencing; the offence was properly characterised, considerations of character, deterrence, bail conditions, and manifest excess were appropriately assessed. The court lacked statutory power to adjust the sentence for the period spent on bail pending appeal.

Jurisdiction
Australia
Judgment Date
13 June 2013
Procedural Posture
Criminal Sentence Appeal / Remittal After High Court Decision; Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['terrorism Offences' 'sentencing Principles' 'objective Seriousness' 'foreign Convictions' 'deterrence' 'bail Conditions' 'manifest Excess' 'sentence Adjustment']
['criminal Law'] ['terrorism Offences' 'sentencing Principles' 'objective Seriousness' 'foreign Convictions' 'deterrence' 'bail Conditions' 'manifest Excess' 'sentence Adjustment']

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Procedural Posture

Criminal Sentence Appeal / Remittal After High Court Decision; Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Was the offence 'not far removed from the worst category' under s 101.5(1) of the Criminal Code Act 1995 (Cth)?" 'Should foreign convictions influence character assessment for sentencing, despite alleged procedural unfairness?' 'Was proper consideration given to deterrence (general and personal)?' 'Were sufficient weight and consideration given to onerous bail conditions?' 'Was the sentence manifestly excessive?' 'Does the court have power to adjust the sentence to reflect time spent on bail during appeal proceedings?']

Ratio Decidendi

Leave to appeal was granted but the sentence appeal was dismissed because no error was established in the original sentencing; the offence was properly characterised, considerations of character, deterrence, bail conditions, and manifest excess were appropriately assessed. The court lacked statutory power to adjust the sentence for the period spent on bail pending appeal.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

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