Youssef v R [2013] NSWCCA 308

Youssef v R [2013] NSWCCA 308

No asserted sentencing error was established. The judge was entitled to take into account harm exceeding actual bodily harm when assessing the seriousness of the kidnapping offence; the applicant had received the full 25 per cent plea discount and obtained a finding of true remorse; the sentencing remarks, read in context, showed that the applicant's mental condition and personal circumstances were considered and that any weight given to general deterrence was not excessive; and partial accumulation was justified because the kidnapping involved detention and restraint distinct from the wounding, while the wounding involved an intent to cause grievous bodily harm, each increasing total...

Jurisdiction
Australia
Judgment Date
06 December 2013
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court at Sydney on 26 October 2012
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'specially Aggravated Kidnapping' 'guilty Plea Discount' 'mental Condition of Offender' 'general Deterrence' 'totality' 'concurrent and Accumulated Sentences']
['criminal Law' 'sentencing'] ['wounding With Intent to Cause Grievous Bodily Harm' 'specially Aggravated Kidnapping' 'guilty Plea Discount' 'mental Condition of Offender' 'general Deterrence' 'totality' 'concurrent and Accumulated Sentences']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court at Sydney on 26 October 2012

Legal Issues

  1. 1 ["Whether the sentencing judge erred in treating the extent of the victim's injuries, beyond actual bodily harm, as aggravating the kidnapping offence." 'Whether the sentencing judge erred in taking into account, as part of the utilitarian value of the guilty pleas, that the victim would not have to give evidence.' "Whether the sentencing judge failed to give proper weight to the applicant's mental condition, including by giving too much weight to general deterrence." 'Whether the sentencing judge erred in applying totality by imposing sentences that were not entirely concurrent.']

Ratio Decidendi

No asserted sentencing error was established. The judge was entitled to take into account harm exceeding actual bodily harm when assessing the seriousness of the kidnapping offence; the applicant had received the full 25 per cent plea discount and obtained a finding of true remorse; the sentencing remarks, read in context, showed that the applicant's mental condition and personal circumstances were considered and that any weight given to general deterrence was not excessive; and partial accumulation was justified because the kidnapping involved detention and restraint distinct from the wounding, while the wounding involved an intent to cause grievous bodily harm, each increasing total...

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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