Regina v Hussein Hammoud [2002] NSWCCA 254

Regina v Hussein Hammoud [2002] NSWCCA 254

The sentence for the robbery in company was manifestly excessive having regard to totality, lack of weapons, early plea, applicant's youth and rehabilitative prospects. The sentence was reduced to four years six months with a non-parole period of two years.

Jurisdiction
Australia
Judgment Date
21 June 2002
Procedural Posture
Criminal Appeal / Judgment on Severity Appeal
Outcome
leave to appeal granted, appeal allowed in part
Legal Topics
['sentencing' 'robbery in Company' 'drug Supply' 'totality' 'manifest Excess']
['criminal Law'] ['sentencing' 'robbery in Company' 'drug Supply' 'totality' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Severity Appeal

Legal Issues

  1. 1 ['Whether the sentence for robbery in company was manifestly excessive' 'Whether the sentencing judge properly considered totality' 'Whether adequate allowance was given for early plea, youth, and prospects of rehabilitation']

Ratio Decidendi

The sentence for the robbery in company was manifestly excessive having regard to totality, lack of weapons, early plea, applicant's youth and rehabilitative prospects. The sentence was reduced to four years six months with a non-parole period of two years.

Court Disposition

leave to appeal granted, appeal allowed in part

Orders

  • ['Leave to appeal granted; appeal allowed in part' 'Dismiss appeal against sentence of two years for supplying a prohibited drug' 'Quash sentence of eight years with non-parole of four years for robbery in company' 'Impose sentence of four years six months for robbery in company to commence 24 January 2003 with...