R v Elkhouri [2001] NSWCCA 277

R v Elkhouri [2001] NSWCCA 277

The applicant's arguments did not establish error in sentencing; relevant legal principles (including judicial notice and totality) were properly applied by the sentencing judges; any alleged error in an earlier sentencing had no effect on the ultimate outcome as subsequent sentencing subsumed and replaced it.

Jurisdiction
Australia
Judgment Date
13 July 2001
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeals dismissed.
Legal Topics
['sentencing' 'judicial Notice' 'principle of Totality' 'special Circumstances']
['criminal Law'] ['sentencing' 'judicial Notice' 'principle of Totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether judicial notice of prevalence of rebirthing crimes was proper without evidence or notice' 'Whether undue weight was given to criminal record' 'Whether relevant subjective matters and special circumstances were taken into account' 'Whether the principle of totality was observed in sentencing']

Ratio Decidendi

The applicant's arguments did not establish error in sentencing; relevant legal principles (including judicial notice and totality) were properly applied by the sentencing judges; any alleged error in an earlier sentencing had no effect on the ultimate outcome as subsequent sentencing subsumed and replaced it.

Court Disposition

Leave to appeal granted; appeals dismissed.

Orders

  • ['Leave to appeal granted in both matters.' 'Appeal in each case dismissed.']