Sarhene v R [2022] NSWCCA 79

Sarhene v R [2022] NSWCCA 79

The sentencing judge erred by failing to consider the applicant's youth and immaturity as relevant factors in determining the sentence, particularly on general deterrence and choice of penalty, and by not considering alternatives to imprisonment for the affray charge. The aggregate sentence should be quashed and replaced with a community corrections order for affray and a reduced ICO for assault occasioning actual bodily harm in company.

Parties
Appellant: Benjamin Sarhene; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 April 2022
Procedural Posture
Appeal (against Sentence) / Court of Criminal Appeal Judgment
Outcome
Appeal allowed, sentence quashed, resentenced
Legal Topics
Sentencing, Affray, Assault Occasioning Actual Bodily Harm in Company, Youth and Immaturity as Mitigating Factors, General Deterrence, Community Corrections Orders, Intensive Corrections Orders
Criminal Law Sentencing Affray Assault Occasioning Actual Bodily Harm in Company Youth and Immaturity as Mitigating Factors General Deterrence Community Corrections Orders Intensive Corrections Orders

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Parties

Benjamin Sarhene

Appellant

Regina

Respondent

Procedural Posture

Appeal (against Sentence) / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing Judge failed to take into account the applicant's youth and immaturity in determining sentence
  2. 2 Whether it was in error to find there was no appropriate alternative to imprisonment for each charge

Ratio Decidendi

The sentencing judge erred by failing to consider the applicant's youth and immaturity as relevant factors in determining the sentence, particularly on general deterrence and choice of penalty, and by not considering alternatives to imprisonment for the affray charge. The aggregate sentence should be quashed and replaced with a community corrections order for affray and a reduced ICO for assault occasioning actual bodily harm in company.

Court Disposition

Appeal allowed, sentence quashed, resentenced

Orders

  • Grant leave to appeal against sentence.
  • Allow the appeal.