Regina v Said El Masri [2005] NSWCCA 167

Regina v Said El Masri [2005] NSWCCA 167

The failure by the sentencing Judge to address or give sufficient weight to the summary disposal argument, coupled with sentencing statistics showing 300 hours community service to be an especially severe penalty for this class of Local Court offence, rendered the sentence manifestly excessive. A community service order for 100 hours was appropriate.

Parties
Respondent: Regina; Applicant: Said El Masri
Jurisdiction
Australia
Judgment Date
29 April 2005
Procedural Posture
Criminal Appeal / Leave to Appeal and Sentencing
Outcome
leave to appeal granted; appeal allowed; sentence varied
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Community Service Order, Summary Disposal, Manifestly Excessive Sentence
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Community Service Order Summary Disposal Manifestly Excessive Sentence

Case Brief

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Parties

Regina

Respondent

Said El Masri

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal and Sentencing

Legal Issues

  1. 1 Whether the sentence imposed (300 hours community service) was manifestly excessive
  2. 2 Whether sufficient regard was had to the fact that the offence could have been disposed of summarily in the Local Court

Ratio Decidendi

The failure by the sentencing Judge to address or give sufficient weight to the summary disposal argument, coupled with sentencing statistics showing 300 hours community service to be an especially severe penalty for this class of Local Court offence, rendered the sentence manifestly excessive. A community service order for 100 hours was appropriate.

Court Disposition

leave to appeal granted; appeal allowed; sentence varied

Orders

  • leave to appeal is granted
  • sentence by way of community service order for 300 hours imposed at Parramatta District Court on 9 June 2004 is quashed