R v KANJ [2000] NSWCCA 408

R v KANJ [2000] NSWCCA 408

The sentencing judge made no error. There was no evidentiary basis for treating the applicant's cultural background as mitigating; the judge properly gave little weight to the wife's forgiveness in a domestic violence context; the trickery used to secure the wife's attendance and the trickery used to gain entry to Mr Issa's premises were different aspects of the preparation and commission of separate offences; there was no breach of Pearce v The Queen; the sentences were within the proper range of sentencing discretion; and the failure expressly to mention the applicant's lack of English did not show it had been overlooked.

Jurisdiction
Australia
Judgment Date
09 October 2000
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Extension of time granted; leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['detaining With Intent to Hold for Advantage' 'malicious Wounding' 'domestic Violence Sentencing' 'victim Forgiveness in Sentencing' 'double Counting in Sentencing' 'manifest Excessive Sentence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['detaining With Intent to Hold for Advantage' 'malicious Wounding' 'domestic Violence Sentencing' 'victim Forgiveness in Sentencing' 'double Counting in Sentencing' 'manifest Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge failed to take into account the applicant's Lebanese Muslim background and alleged emotional stress as mitigating factors." "Whether the sentencing judge wrongly gave little weight to the wife's forgiveness and reconciliation with the applicant." "Whether the sentencing judge erred by treating trickery used to gain entry to the victim's home as an aggravating feature of the malicious wounding offence." 'Whether the sentencing judge impermissibly took the same conduct into account twice contrary to Pearce v The Queen (1998) 194 CLR 610.' 'Whether the sentence, including a minimum term of three years for an offender with no criminal record, was manifestly excessive.' "Whether the sentencing judge failed to take into account the applicant's inability to speak English."]

Ratio Decidendi

The sentencing judge made no error. There was no evidentiary basis for treating the applicant's cultural background as mitigating; the judge properly gave little weight to the wife's forgiveness in a domestic violence context; the trickery used to secure the wife's attendance and the trickery used to gain entry to Mr Issa's premises were different aspects of the preparation and commission of separate offences; there was no breach of Pearce v The Queen; the sentences were within the proper range of sentencing discretion; and the failure expressly to mention the applicant's lack of English did not show it had been overlooked.

Court Disposition

Extension of time granted; leave to appeal granted; appeal against sentence dismissed.

Orders

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