Regina v Sultan [2005] NSWCCA 461

Regina v Sultan [2005] NSWCCA 461

A custodial sentence of twelve months with a ten month parole period was manifestly excessive where the only intentional ingredient was to exhort a juror to listen carefully to evidence; the seriousness of the offence must reflect the benign nature of the intended influence and not all offences under s 323(b) attract the same level of penalty.

Parties
Crown/respondent: Regina; Applicant/appellant: Fouad Sultan
Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; appellant resentenced
Legal Topics
Sentence, Influencing Juror, Jury Offences
Criminal Law Sentence Influencing Juror Jury Offences

Case Brief

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Parties

Regina

Crown/respondent

Fouad Sultan

Applicant/appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for approaching a person with intent to influence a juror was manifestly excessive given the nature of the intended influence
  2. 2 Assessment of the seriousness of an offence under s 323(b) of the Crimes Act 1900 where the intended influence was benign

Ratio Decidendi

A custodial sentence of twelve months with a ten month parole period was manifestly excessive where the only intentional ingredient was to exhort a juror to listen carefully to evidence; the seriousness of the offence must reflect the benign nature of the intended influence and not all offences under s 323(b) attract the same level of penalty.

Court Disposition

appeal allowed; appellant resentenced

Orders

  • Application for leave to appeal against sentence granted and appeal allowed.
  • Sentence for the offence contrary to s 323(b) of the Crimes Act 1900 quashed and in lieu thereof imprisonment consisting of a non-parole period of six months commencing 19 June 2005 and expiring 18 December 2005, with a parole term of six months commencing 19 December 2005 and expiring 18 June 2006.