HEJAZI v THE QUEEN [2009] NSWCCA 282

HEJAZI v THE QUEEN [2009] NSWCCA 282

The sentencing judge did not err in treating financial gain as an aggravating factor nor in structuring the sentences given the statutory framework and the finding of special circumstances. No error or manifest excess was demonstrated in the sentences, aside from the omission to direct parole release for the non-parole period, which warranted correction.

Jurisdiction
Australia
Judgment Date
13 November 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; direction for parole release on second sentence; otherwise appeal dismissed.
Legal Topics
['sentencing' 'aggravating Circumstances' 'non Parole Period' 'manifest Excess' 'local Court Jurisdiction']
['criminal Law'] ['sentencing' 'aggravating Circumstances' 'non Parole Period' 'manifest Excess' 'local Court Jurisdiction']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether financial gain is properly considered as an aggravating factor for the offence of breaking and entering with intent to steal' 'Whether the proportion of the non-parole period to the sentence balance was appropriate, given the finding of special circumstances' 'Whether the possibility of summary disposal in the Local Court should have led to a lesser sentence' 'Whether the sentences imposed were manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in treating financial gain as an aggravating factor nor in structuring the sentences given the statutory framework and the finding of special circumstances. No error or manifest excess was demonstrated in the sentences, aside from the omission to direct parole release for the non-parole period, which warranted correction.

Court Disposition

Leave to appeal granted; direction for parole release on second sentence; otherwise appeal dismissed.

Orders

  • ['Grant the applicant leave to appeal in respect of each of the sentences imposed by Ashford DCJ in the District Court at Parramatta on 1 December 2008.' 'In relation to the second sentence, direct that the applicant be released on parole at the expiration of the non-parole period.' 'Otherwise dismiss the appeal.']