Regina v Diab [2005] NSWCCA 341

Regina v Diab [2005] NSWCCA 341

Although the sentencing judge made errors in the application of s.21A and failed to give sufficient effect to some aspects of the special circumstances, the applicant's extensive criminal history, the need for specific and general deterrence, and the leniency already reflected in the fixed terms, non-parole period and partial accumulation meant that no lesser sentences were warranted in law.

Jurisdiction
Australia
Judgment Date
28 September 2005
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal against sentence dismissed.
Legal Topics
['multiple Dishonesty Offences' 'break and Enter With Intent to Steal' 'larceny' 'aggravating and Mitigating Factors' 'special Circumstances' 'totality' 'gambling Related Offending' 'specific and General Deterrence']
['criminal Law' 'sentencing'] ['multiple Dishonesty Offences' 'break and Enter With Intent to Steal' 'larceny' 'aggravating and Mitigating Factors' 'special Circumstances' 'totality' 'gambling Related Offending' 'specific and General Deterrence']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge erred in his application of s.21A Crimes (Sentencing Procedure) Act 1999.' 'Whether the sentencing judge erred by failing to give effect to his finding of special circumstances.' 'Whether, despite identified errors, no lesser sentence was warranted in law under s6(3) of the Criminal Appeal Act 1912.']

Ratio Decidendi

Although the sentencing judge made errors in the application of s.21A and failed to give sufficient effect to some aspects of the special circumstances, the applicant's extensive criminal history, the need for specific and general deterrence, and the leniency already reflected in the fixed terms, non-parole period and partial accumulation meant that no lesser sentences were warranted in law.

Court Disposition

Leave to appeal granted. Appeal against sentence dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal against sentences dismissed']