Abdelmalak v R [2022] NSWDC 569

Abdelmalak v R [2022] NSWDC 569

The aggregate sentence imposed by the Magistrate was excessive as the indicative sentences for the offences should be reduced. The head sentence and non-parole period should be proportionally decreased reflecting the reduction in the overall indicative sentences.

Jurisdiction
Australia
Judgment Date
03 August 2022
Procedural Posture
Criminal Appeal / Appeal Against Severity of Sentence
Outcome
Sentence severity appeal allowed; aggregate sentence reassessed and reduced.
Legal Topics
['severity of Sentence' 'appeal' 'aggregate Sentencing' 'driving Under the Influence' 'common Assault' 'stalking or Intimidation' 'contravention of Apprehended Domestic Violence Order']
['criminal Law'] ['severity of Sentence' 'appeal' 'aggregate Sentencing' 'driving Under the Influence' 'common Assault' 'stalking or Intimidation' 'contravention of Apprehended Domestic Violence Order']

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Procedural Posture

Criminal Appeal / Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed by the Magistrate was manifestly excessive' 'Appropriate indicative sentences for each offence' 'Aggregate sentencing approach']

Ratio Decidendi

The aggregate sentence imposed by the Magistrate was excessive as the indicative sentences for the offences should be reduced. The head sentence and non-parole period should be proportionally decreased reflecting the reduction in the overall indicative sentences.

Court Disposition

Sentence severity appeal allowed; aggregate sentence reassessed and reduced.

Orders

  • ['Aggregate sentence imposed as follows: non-parole period of seven months commencing on 27 March 2022 and expiring on 26 October 2022; further imprisonment of five months commencing after expiry of the non-parole period and expiring on 26 March 2023; total sentence of one year.']