Regina v S Hassen [2002] NSWCCA 25

Regina v S Hassen [2002] NSWCCA 25

The sentencing judge did not err in finding no remorse, was not bound to treat the applicant's circumstances as special circumstances, and imposed a sentence which, although high and towards the top of the range, remained within the sentencing discretion given the applicant's appalling criminal history, commission of the offence while subject to a recognisance, and the importance of general and special deterrence.

Jurisdiction
Australia
Judgment Date
15 February 2002
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break, Enter and Steal' 'appeal Against Severity' 'remorse' 'special Circumstances' 'manifest Excess' 'deterrence' 'non Parole Period']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'appeal Against Severity' 'remorse' 'special Circumstances' 'manifest Excess' 'deterrence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to find and take account of remorse.' 'Whether the sentencing judge erred by declining to find special circumstances under s44(2) of the Crimes (Sentencing Procedure) Act 1999.' 'Whether the sentence of four years imprisonment with a non-parole period of three years was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not err in finding no remorse, was not bound to treat the applicant's circumstances as special circumstances, and imposed a sentence which, although high and towards the top of the range, remained within the sentencing discretion given the applicant's appalling criminal history, commission of the offence while subject to a recognisance, and the importance of general and special deterrence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']