R v El-Hage [2003] NSWCCA 118

R v El-Hage [2003] NSWCCA 118

Although there was an irregularity in sentencing, no reviewable error was demonstrated; the seriousness and number of offences warranted the sentences imposed, and the non-parole period did not indicate an error requiring intervention.

Parties
Applicant: George El-Hage; Respondent: Crown
Jurisdiction
Australia
Judgment Date
28 April 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Severity of Sentences, Plea of Guilty, Special Circumstances, Non Parole Period, Cumulative Sentences, Application for Leave to Appeal
Criminal Law Sentencing Severity of Sentences Plea of Guilty Special Circumstances Non Parole Period Cumulative Sentences Application for Leave to Appeal

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Parties

George El-Hage

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in structuring sentences and finding special circumstances under s44 of the Crimes Sentencing Procedure Act 1999
  2. 2 Whether the overall non-parole period was appropriate given the structure of sentences and seriousness of offences

Ratio Decidendi

Although there was an irregularity in sentencing, no reviewable error was demonstrated; the seriousness and number of offences warranted the sentences imposed, and the non-parole period did not indicate an error requiring intervention.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal against sentence severity granted.
  • Appeal dismissed.