Ghamraoui v R [2009] NSWCCA 111

Ghamraoui v R [2009] NSWCCA 111

Leave to appeal was granted but the appeal was dismissed because the sentencing remarks did not demonstrate that the judge made the alleged error in applying special circumstances to the effective sentence, and the sentences imposed were markedly lenient so that no lesser minimum period of custody was warranted.

Jurisdiction
Australia
Judgment Date
17 April 2009
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['multiple Offences' 'special Circumstances' 'non Parole Period' 'cumulated Sentences' 'totality' 'severity Appeal']
['criminal Law' 'sentencing'] ['multiple Offences' 'special Circumstances' 'non Parole Period' 'cumulated Sentences' 'totality' 'severity Appeal']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the application of his finding of special circumstances when fixing the non-parole period for cumulated sentences.' 'Whether the Court should formulate general principles for determining non-parole periods where an offender is sentenced for multiple offences.' 'Whether intervention was warranted where the overall minimum term was proportionately greater than the statutory ratio.']

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed because the sentencing remarks did not demonstrate that the judge made the alleged error in applying special circumstances to the effective sentence, and the sentences imposed were markedly lenient so that no lesser minimum period of custody was warranted.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Appeal dismissed']