Ghalbouni v R [2020] NSWCCA 21

Ghalbouni v R [2020] NSWCCA 21

The sentencing process miscarried because the sentencing judge took into account a Form 1 offence (sequence 9) that was not established on the agreed facts, and also misapplied other Form 1 offences to the wrong principal offences. This justified appellate intervention and resentencing. On resentencing, an aggregate sentence of two years imprisonment to be served as an intensive correction order was appropriate given the circumstances and evidence presented.

Jurisdiction
Australia
Judgment Date
21 February 2020
Procedural Posture
Criminal / Sentence Appeal
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; resentenced to 2 years imprisonment by way of intensive correction order.
Legal Topics
['sentence Appeal' 'ongoing Supply of Cocaine' 'dealing With Proceeds of Crime' 'form 1 Procedure' 'intensive Correction Order']
['criminal Law'] ['sentence Appeal' 'ongoing Supply of Cocaine' 'dealing With Proceeds of Crime' 'form 1 Procedure' 'intensive Correction Order']

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Procedural Posture

Criminal / Sentence Appeal

Legal Issues

  1. 1 ['Whether Form 1 offences were properly taken into account in sentencing' 'Whether the sentencing judge erred in applying the Form 1 offences to the appropriate principal offences' 'Whether procedural requirements under s 33 Crimes (Sentencing Procedure) Act 1999 (NSW) were satisfied' "Appropriate sentence given applicant's subjective circumstances and new evidence"]

Ratio Decidendi

The sentencing process miscarried because the sentencing judge took into account a Form 1 offence (sequence 9) that was not established on the agreed facts, and also misapplied other Form 1 offences to the wrong principal offences. This justified appellate intervention and resentencing. On resentencing, an aggregate sentence of two years imprisonment to be served as an intensive correction order was appropriate given the circumstances and evidence presented.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed; resentenced to 2 years imprisonment by way of intensive correction order.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Sentence in the District Court quashed.' 'Applicant resentenced to aggregate term of 2 years imprisonment commencing on 21 February 2020, to be served as an intensive correction order.' 'Applicant must not commit any offence.' 'Applicant must submit to supervision by a...