R v Jeremiah [2016] NSWCCA 241

R v Jeremiah [2016] NSWCCA 241

The fully concurrent sentence imposed failed to reflect the distinct and unrelated nature of the assault in custody from the prior offences, and did not serve the demands of general deterrence or adequately punish the crime committed. Full accumulation of the sentence was required to achieve justice, and the sentence as imposed was manifestly inadequate.

Parties
Applicant: Regina; Respondent: Moromi Jeremiah
Jurisdiction
Australia
Judgment Date
02 November 2016
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; original sentence quashed; respondent resentenced.
Legal Topics
Sentencing, Appeal Against Sentence, Manifest Inadequacy, Sentence Accumulation, Totality Principle
Criminal Law Sentencing Appeal Against Sentence Manifest Inadequacy Sentence Accumulation Totality Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Applicant

Moromi Jeremiah

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to properly accumulate the sentence for assault occasioning actual bodily harm with the pre-existing term of imprisonment.
  2. 2 Whether the sentence was manifestly inadequate.

Ratio Decidendi

The fully concurrent sentence imposed failed to reflect the distinct and unrelated nature of the assault in custody from the prior offences, and did not serve the demands of general deterrence or adequately punish the crime committed. Full accumulation of the sentence was required to achieve justice, and the sentence as imposed was manifestly inadequate.

Court Disposition

Appeal allowed; original sentence quashed; respondent resentenced.

Orders

  • The appeal is allowed.
  • The sentence imposed upon Moromi Jeremiah on 30 June 2016 for the offence of assault occasioning actual bodily harm committed on 22 October 2014 is quashed.