Khaled BAJOURI v R [2009] NSWCCA 125

Khaled BAJOURI v R [2009] NSWCCA 125

The applicant’s lesser role, youth, and lack of involvement in planning, combined with the more aggravated circumstances of some co-offenders who were on parole, warranted greater differentiation in sentence; accordingly the applicant should have a reduced non-parole period.

Parties
Applicant: Khaled Bajouri; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
27 April 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence – Leave to Appeal Granted; Re Sentencing
Outcome
Leave to appeal granted. Sentence imposed in the District Court quashed. Applicant re-sentenced to imprisonment with a non-parole period of 2 years and 6 months and balance of term of 3 years. Immediate consideration for release on parole.
Legal Topics
Aggravated Detention for Ransom, Appeal Against Sentence, Manifestly Excessive Sentence, Parity in Sentencing
Criminal Law Aggravated Detention for Ransom Appeal Against Sentence Manifestly Excessive Sentence Parity in Sentencing

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Parties

Khaled Bajouri

Applicant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence – Leave to Appeal Granted; Re Sentencing

Legal Issues

  1. 1 Whether sentence imposed was manifestly excessive
  2. 2 Whether applicant had a justifiable sense of grievance in relation to the sentences imposed on co-offenders (parity)

Ratio Decidendi

The applicant’s lesser role, youth, and lack of involvement in planning, combined with the more aggravated circumstances of some co-offenders who were on parole, warranted greater differentiation in sentence; accordingly the applicant should have a reduced non-parole period.

Court Disposition

Leave to appeal granted. Sentence imposed in the District Court quashed. Applicant re-sentenced to imprisonment with a non-parole period of 2 years and 6 months and balance of term of 3 years. Immediate consideration for release on parole.

Orders

  • Leave to appeal granted.
  • Sentence imposed in the District Court quashed.