REGINA v. BARAKAT [2004] NSWCCA 201

REGINA v. BARAKAT [2004] NSWCCA 201

The sentencing judge did not err in the result, as all relevant subjective and objective factors were considered, and no lesser non-parole period would have been appropriate without being unreasonably disproportionate; leave to appeal was granted, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
23 June 2004
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'non Parole Period' 'special Circumstances' 'drug Offences' 'discounts for Plea and Assistance']
['criminal Law'] ['sentencing' 'non Parole Period' 'special Circumstances' 'drug Offences' 'discounts for Plea and Assistance']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in determining the starting point for sentencing before allowing discounts for plea and assistance' "Whether the trial judge erred in concluding he could not have regard to the applicant's cooperation when determining special circumstances for non-parole period" "Whether the trial judge erred in not finding that the applicant's horrific experiences in custody were relevant in reducing sentence" 'Whether the trial judge erred in not finding special circumstances under s.44(2) Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

The sentencing judge did not err in the result, as all relevant subjective and objective factors were considered, and no lesser non-parole period would have been appropriate without being unreasonably disproportionate; leave to appeal was granted, but the appeal was dismissed.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['leave to appeal granted' 'appeal dismissed']