Regina v Douihi [2000] NSWCCA 521

Regina v Douihi [2000] NSWCCA 521

The sentencing judge erred by only taking the period of pre-trial custody into account in determining the minimum period before eligibility for parole, rather than reducing the total sentence as well; therefore, the sentence must be reduced by 2 months.

Jurisdiction
Australia
Judgment Date
06 December 2000
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
leave to appeal granted; appeal allowed; sentence reduced
Legal Topics
['sentencing' 'allowance for Pre Sentence Custody' 'obtaining Benefit by Deception' 'stealing Cheque' 'using False Instrument']
['criminal Law'] ['sentencing' 'allowance for Pre Sentence Custody' 'obtaining Benefit by Deception' 'stealing Cheque' 'using False Instrument']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['whether the sentencing judge properly allowed for pre-sentence custody' 'whether the sentence imposed was too severe']

Ratio Decidendi

The sentencing judge erred by only taking the period of pre-trial custody into account in determining the minimum period before eligibility for parole, rather than reducing the total sentence as well; therefore, the sentence must be reduced by 2 months.

Court Disposition

leave to appeal granted; appeal allowed; sentence reduced

Orders

  • ['Leave to appeal granted.' 'Appeal allowed in respect of the sentence for offence in second indictment.' 'Sentence for the offence of obtaining a financial benefit by deception quashed.' 'Applicant sentenced to 3 years 4 months imprisonment with a non parole period of 18 months to date from 18 July 1999.' 'Non...