Saed Al-Marzouq v R [2013] NSWCCA 112

Saed Al-Marzouq v R [2013] NSWCCA 112

The total effective sentence imposed was manifestly excessive given the applicant’s youth, favourable subjective features, prospects of rehabilitation, and the generally low level and short duration of offending; a lesser sentence was warranted that better reflected the seriousness of the offending and the applicant’s circumstances.

Jurisdiction
Australia
Judgment Date
20 May 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted, appeal allowed, sentences set aside, applicant resentenced to lesser terms.
Legal Topics
['appeals' 'sentencing' 'manifestly Excessive Sentence']
['criminal Law'] ['appeals' 'sentencing' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive' 'Whether the sentencing judge failed to properly assess the seriousness of individual offences and subjective circumstances']

Ratio Decidendi

The total effective sentence imposed was manifestly excessive given the applicant’s youth, favourable subjective features, prospects of rehabilitation, and the generally low level and short duration of offending; a lesser sentence was warranted that better reflected the seriousness of the offending and the applicant’s circumstances.

Court Disposition

Leave to appeal granted, appeal allowed, sentences set aside, applicant resentenced to lesser terms.

Orders

  • ['Grant leave to appeal.' 'Set aside the sentences imposed by Freeman DCJ on 10 June 2011.' 'Applicant resentenced to specified terms for each count, resulting in an overall head sentence of 3 years and 4 months and a non-parole period of 2 years and 4 months.']