Zreika v R [2020] NSWCCA 345

Zreika v R [2020] NSWCCA 345

There was no error in failing to give effect to special circumstances, as the sentencing judge intentionally accounted for the accumulation and stated relevant ratios and impact. However, there was a minor calculation error in the commencement date of the aggregate sentence, which could be corrected by adjusting the sentence without fresh sentencing discretion.

Parties
Applicant: Mohammed Zreika; Respondent: Regina
Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted in respect of ground 2 only; appeal allowed to the extent necessary to correct commencement date error.
Legal Topics
Sentencing, Appeal Against Sentence, Special Circumstances, Commencement Date of Sentence
Criminal Law Sentencing Appeal Against Sentence Special Circumstances Commencement Date of Sentence

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Parties

Mohammed Zreika

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge erred in failing to give effect to finding of special circumstances
  2. 2 Whether sentencing judge made a calculational error in fixing commencement date for aggregate sentence

Ratio Decidendi

There was no error in failing to give effect to special circumstances, as the sentencing judge intentionally accounted for the accumulation and stated relevant ratios and impact. However, there was a minor calculation error in the commencement date of the aggregate sentence, which could be corrected by adjusting the sentence without fresh sentencing discretion.

Court Disposition

Leave to appeal granted in respect of ground 2 only; appeal allowed to the extent necessary to correct commencement date error.

Orders

  • The applicant is granted leave to appeal in respect of ground 2 but otherwise leave to appeal is refused.
  • The appeal is allowed to the extent necessary to permit correction of the calculation error in the sentence imposed by the District Court at Lismore on 26 November 2019.