R v AMMARI [2010] NSWDC 301

R v AMMARI [2010] NSWDC 301

Given the gravity, scale, and persistence of Ms Ammari's offending, including the breach of a suspended sentence for similar previous conduct and the significant loss caused to her employer, the need for punishment, general and specific deterrence, and the application of the principle of totality require the imposition of substantial concurrent and partially cumulative custodial sentences, discounted for her plea of guilty.

Jurisdiction
Australia
Judgment Date
11 November 2010
Procedural Posture
Criminal / Sentencing
Outcome
Ms Ammari is sentenced to a fixed term of eighteen months' imprisonment for the suspended sentence offence, and for the indictable offence is sentenced to a head sentence of three and a half years' imprisonment with a non-parole period of eighteen months. The overall effective sentence is a head sentence of four...
Legal Topics
['embezzlement' 'sentencing' 'breach of Suspended Sentence' 'principle of Totality']
['criminal Law'] ['embezzlement' 'sentencing' 'breach of Suspended Sentence' 'principle of Totality']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for Ms Ammari given her plea of guilty to embezzlement and the breach of a suspended sentence?' 'How should the principle of totality be applied in setting sentences for separate but related offences?']

Ratio Decidendi

Given the gravity, scale, and persistence of Ms Ammari's offending, including the breach of a suspended sentence for similar previous conduct and the significant loss caused to her employer, the need for punishment, general and specific deterrence, and the application of the principle of totality require the imposition of substantial concurrent and partially cumulative custodial sentences, discounted for her plea of guilty.

Court Disposition

Ms Ammari is sentenced to a fixed term of eighteen months' imprisonment for the suspended sentence offence, and for the indictable offence is sentenced to a head sentence of three and a half years' imprisonment with a non-parole period of eighteen months. The overall effective sentence is a head sentence of four...

Orders

  • ["Revocation of order for suspension concerning the Local Court offence of embezzlement; eighteen months' imprisonment from 7 October 2010 (fixed term)." "On the indicted offence, sentenced to three and a half years' imprisonment from 7 April 2011, with a non-parole period of eighteen months." "Overall effective...