Sefian v R [2018] NSWCCA 194

Sefian v R [2018] NSWCCA 194

Although the sentencing judge found special circumstances, the minimal adjustment to the non-parole period was not properly explained. This constitutes error requiring the appellate court to resentence. On resentencing, having regard to the seriousness of the offending and the lack of mitigating circumstances, no lesser sentence than imposed by the sentencing judge is warranted in law. The appeal is dismissed despite the error identified.

Parties
Applicant: Moustafa Sefian; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Criminal / Sentence Appeal
Outcome
appeal dismissed
Legal Topics
Sentence Appeal, Special Circumstances, Non Parole Period, Robbery in Company Causing Grievous Bodily Harm, Aggravated Break and Enter, Objective Seriousness, Rehabilitation, Statutory Ratio
Criminal Law Sentence Appeal Special Circumstances Non Parole Period Robbery in Company Causing Grievous Bodily Harm Aggravated Break and Enter Objective Seriousness Rehabilitation +1 more

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Parties

Moustafa Sefian

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to give effect to his finding of special circumstances when fixing the non-parole period for the aggregate sentence.

Ratio Decidendi

Although the sentencing judge found special circumstances, the minimal adjustment to the non-parole period was not properly explained. This constitutes error requiring the appellate court to resentence. On resentencing, having regard to the seriousness of the offending and the lack of mitigating circumstances, no lesser sentence than imposed by the sentencing judge is warranted in law. The appeal is dismissed despite the error identified.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal against sentence out of time is granted.
  • Leave to appeal is granted.