R v Chami [2005] NSWCCA 299

R v Chami [2005] NSWCCA 299

While the sentencing judge erred in intending to consider the distress occasioned to the victim by giving evidence, this error did not affect the severity of the sentence; the sentences were not manifestly excessive and properly reflected the gravity of the applicant's conduct and its aggravating features.

Jurisdiction
Australia
Judgment Date
16 September 2005
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'aggravated Sexual Intercourse' 'detention for Sexual Advantage' 'appeal Against Sentence' 'manifestly Excessive Sentence']
['criminal Law'] ['sentencing' 'aggravated Sexual Intercourse' 'detention for Sexual Advantage' 'appeal Against Sentence' 'manifestly Excessive Sentence']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ["Whether sentencing judge erred in findings regarding objective seriousness of applicant's criminality" "Whether sentencing judge used evidence of other offenders' conduct as adverse factor to applicant" 'Whether sentence imposed was manifestly excessive' 'Whether sentencing judge erred in treating plea of not guilty and conduct of defence as aggravating feature' 'Whether distress caused to victim by giving evidence can be an aggravating factor' "Whether applicant's conduct warranted heavier penalty than in comparative cases"]

Ratio Decidendi

While the sentencing judge erred in intending to consider the distress occasioned to the victim by giving evidence, this error did not affect the severity of the sentence; the sentences were not manifestly excessive and properly reflected the gravity of the applicant's conduct and its aggravating features.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal is granted' 'The appeal is dismissed']