Regina v Englebert Adami [2001] NSWCCA 247

Regina v Englebert Adami [2001] NSWCCA 247

Despite partial concurrency of the sentence with other unrelated sentences, and differences with the co-offender, the effective sentence did not give rise to a justifiable sense of grievance. Leave to appeal granted, but the appeal against the severity of the sentence was dismissed.

Jurisdiction
Australia
Judgment Date
22 June 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
['sentencing' 'parity' 'accessory After the Fact' 'concurrency of Sentences']
['criminal Law'] ['sentencing' 'parity' 'accessory After the Fact' 'concurrency of Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed on Englebert Adami for accessory after the fact to break, enter and steal was manifestly excessive' 'Whether the partial concurrency of sentences with unrelated offences deprived the applicant of a justifiable sense of grievance']

Ratio Decidendi

Despite partial concurrency of the sentence with other unrelated sentences, and differences with the co-offender, the effective sentence did not give rise to a justifiable sense of grievance. Leave to appeal granted, but the appeal against the severity of the sentence was dismissed.

Court Disposition

Appeal dismissed

Orders

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