Kaddour v R [2017] NSWCCA 294

Kaddour v R [2017] NSWCCA 294

No sentencing error was established because, read fairly as a whole and in light of the parties' submissions, the sentencing judge had completed the assessment of objective seriousness before referring to the fact that the applicant was on parole, and treated that fact as a separate aggravating or subjective matter rather than as part of objective seriousness.

Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['objective Seriousness' 'conditional Liberty' 'parole' 'aggravating Factors' 'sentencing Discretion' 'appellable Error']
['criminal Law' 'sentencing' 'appeals'] ['objective Seriousness' 'conditional Liberty' 'parole' 'aggravating Factors' 'sentencing Discretion' 'appellable Error']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by having regard to the applicant's breach of parole as an objectively aggravating factor when assessing objective seriousness." "Whether the remarks on sentence, read fairly and as a whole and in light of the parties' submissions, disclosed sentencing error."]

Ratio Decidendi

No sentencing error was established because, read fairly as a whole and in light of the parties' submissions, the sentencing judge had completed the assessment of objective seriousness before referring to the fact that the applicant was on parole, and treated that fact as a separate aggravating or subjective matter rather than as part of objective seriousness.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']