Regina v Salim Miski [2002] NSWCCA 392

Regina v Salim Miski [2002] NSWCCA 392

Due to further evidence about prolonged protective custody and its effect on rehabilitation, a finding of special circumstances was warranted. The applicant’s sentence for stealing from the person was manifestly excessive considering his youth, rehabilitation needs, and protective custody. The sentence was reduced accordingly.

Jurisdiction
Australia
Judgment Date
27 September 2002
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
leave to appeal granted; appeal allowed in part
Legal Topics
['sentencing' 'steal From the Person' 'assault Occasioning Actual Bodily Harm' 'special Circumstances' 'rehabilitation' 'youth Offenders']
['criminal Law'] ['sentencing' 'steal From the Person' 'assault Occasioning Actual Bodily Harm' 'special Circumstances' 'rehabilitation' 'youth Offenders']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive' 'Whether the sentencing judge failed to find special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999' 'Appropriate weight to rehabilitation for young offenders' 'Whether protective custody circumstances warranted re-sentencing']

Ratio Decidendi

Due to further evidence about prolonged protective custody and its effect on rehabilitation, a finding of special circumstances was warranted. The applicant’s sentence for stealing from the person was manifestly excessive considering his youth, rehabilitation needs, and protective custody. The sentence was reduced accordingly.

Court Disposition

leave to appeal granted; appeal allowed in part

Orders

  • ['Leave to appeal granted.' 'Appeal allowed (in part).' 'The sentence imposed in the District Court in respect of the offence of steal from the person is quashed. In lieu, the applicant is sentenced to imprisonment for three and a half years, commencing 30 April 2001 and expiring 29 October 2004, with a non-parole...