CICEKDAG v REGINA [2007] NSWCCA 218

CICEKDAG v REGINA [2007] NSWCCA 218

The sentencing judge properly exercised discretion in grouping and accumulating sentences but failed to adequately implement a variation of the usual ratio between non-parole periods and balances of terms in light of the applicant's mental condition and consequent need for rehabilitation and supervision, as well as the effect of accumulation of sentences. Accordingly, the non-parole period for aggravated dangerous driving occasioning grievous bodily harm should be reduced.

Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal against sentence allowed in part.
Legal Topics
['sentencing' 'accumulation of Sentences' 'special Circumstances']
['criminal Law'] ['sentencing' 'accumulation of Sentences' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in wholly accumulating the sentences imposed on the applicant.' 'Whether the total sentence imposed was manifestly excessive, particularly regarding the effective term and non-parole period.' 'Whether the sentencing judge erred in setting a sentence where the balance of the term did not reflect special circumstances.']

Ratio Decidendi

The sentencing judge properly exercised discretion in grouping and accumulating sentences but failed to adequately implement a variation of the usual ratio between non-parole periods and balances of terms in light of the applicant's mental condition and consequent need for rehabilitation and supervision, as well as the effect of accumulation of sentences. Accordingly, the non-parole period for aggravated dangerous driving occasioning grievous bodily harm should be reduced.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence allowed in part.

Orders

  • ['Leave to appeal against the sentences imposed on 29 September 2006 granted.' 'Appeal against sentence for the offence of aggravated dangerous driving causing grievous bodily harm allowed.' 'Sentence for that offence quashed and replaced with a non-parole period of one and a half years from 5 September 2008 and a...