Regina v Alameddine [2004] NSWCCA 286

Regina v Alameddine [2004] NSWCCA 286

The applicant's sentence was not manifestly excessive given the seriousness, planning, and violence of the offence, the number and nature of additional offences on Form 1, and the appropriate consideration and allowance for mitigating circumstances such as youth, good character, and special circumstances. Parity with co-offender was upheld, as differences in sentence were justified by differing objective and subjective circumstances.

Jurisdiction
Australia
Judgment Date
01 September 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
['armed Robbery' 'sentencing' 'parity of Sentences' 'manifestly Excessive Sentence']
['criminal Law'] ['armed Robbery' 'sentencing' 'parity of Sentences' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether the applicant's role was properly determined in the offence" 'Whether special circumstances were adequately considered for non-parole period' 'Whether there was a justifiable sense of grievance regarding the sentence of a co-offender']

Ratio Decidendi

The applicant's sentence was not manifestly excessive given the seriousness, planning, and violence of the offence, the number and nature of additional offences on Form 1, and the appropriate consideration and allowance for mitigating circumstances such as youth, good character, and special circumstances. Parity with co-offender was upheld, as differences in sentence were justified by differing objective and subjective circumstances.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']