R v Qutami [2001] NSWCCA 353

R v Qutami [2001] NSWCCA 353

The sentence for soliciting to murder was not manifestly inadequate in the head sentence, but the non-parole period was manifestly inadequate given the objective gravity of the offence and undue weight was given to subjective features; the Court allowed the Crown appeal in part by increasing the non-parole period to twenty-nine months, twenty-one days, commencing 8 March 2001 and ending 28 August 2003, while dismissing the appeal against the total sentence.

Jurisdiction
Australia
Judgment Date
28 June 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; head sentence unchanged; non-parole period increased
Legal Topics
['sentencing' 'solicit to Murder' 'special Circumstances in Sentencing' 'restorative Justice' 'community Reconciliation']
['criminal Law'] ['sentencing' 'solicit to Murder' 'special Circumstances in Sentencing' 'restorative Justice' 'community Reconciliation']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for soliciting to murder was manifestly inadequate' 'Appropriateness and weight of special circumstances, including restoration of community harmony, in sentencing' 'Relevance of self-serving statements by offender to experts in sentencing hearings']

Ratio Decidendi

The sentence for soliciting to murder was not manifestly inadequate in the head sentence, but the non-parole period was manifestly inadequate given the objective gravity of the offence and undue weight was given to subjective features; the Court allowed the Crown appeal in part by increasing the non-parole period to twenty-nine months, twenty-one days, commencing 8 March 2001 and ending 28 August 2003, while dismissing the appeal against the total sentence.

Court Disposition

Appeal allowed in part; head sentence unchanged; non-parole period increased

Orders

  • ['Crown appeal against sentence allowed in part.' 'Appeal against sentence of imprisonment of 4 years, 5 months, and 21 days dismissed.' 'Non-parole period of 11 months, 21 days set aside; in lieu, non-parole period of 29 months, 21 days fixed, commencing 8 March 2001 and ending 28 August 2003.']