Khawaja v R [2014] NSWCCA 80

Khawaja v R [2014] NSWCCA 80

Although the sentencing judge did not comply with s 53A by failing to state the post-discount indicative sentence for each offence, s 53A(5) meant the aggregate sentence was not invalidated, and there was no indication the non-compliance produced a greater sentence. The offences were committed nine days apart against discrete victims, and an aggregate head sentence of 6 years, reflecting two indicative sentences of 3 years and 9 months with partial accumulation, was within the sentencing discretion and not manifestly excessive. The reduction of the non-parole period from the usual 4 years and 6 months to 4 years gave sufficient effect to special circumstances.

Jurisdiction
Australia
Judgment Date
24 June 2014
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['aggregate Sentence' 'crimes (sentencing Procedure) Act 1999 (nsw) S 53 A' 'manifest Excess' 'accumulation and Concurrency' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggregate Sentence' 'crimes (sentencing Procedure) Act 1999 (nsw) S 53 A' 'manifest Excess' 'accumulation and Concurrency' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in applying the aggregate sentencing provisions in s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether the degree of accumulation implicit in the aggregate sentence was manifestly excessive.' 'Whether the sentencing judge failed to give adequate effect to the finding of special circumstances.']

Ratio Decidendi

Although the sentencing judge did not comply with s 53A by failing to state the post-discount indicative sentence for each offence, s 53A(5) meant the aggregate sentence was not invalidated, and there was no indication the non-compliance produced a greater sentence. The offences were committed nine days apart against discrete victims, and an aggregate head sentence of 6 years, reflecting two indicative sentences of 3 years and 9 months with partial accumulation, was within the sentencing discretion and not manifestly excessive. The reduction of the non-parole period from the usual 4 years and 6 months to 4 years gave sufficient effect to special circumstances.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']