Regina v Adam Mouloudi [2004] NSWCCA 96

New South Wales Court of Criminal Appeal

CITATION : Regina v Adam Mouloudi [2004] NSWCCA 96 HEARING DATE(S) : 10 March 2004 JUDGMENT DATE : 28 June 2004

JUDGMENT OF : Simpson J at 1; Sperling J at 2; Bergin J at 3 DECISION : Appeal upheld. Sentences imposed by Maguire DCJ on 26 September 2003 quashed. Respondent sentenced on each offence to a non-parole period of 4 years with the balance of the term set at 2 years. Sentences to date from 28 February 2003 and to be served concurrently.

CATCHWORDS : [CRIMINAL LAW] - SENTENCE- Crown Appeal against sentences - Firearms Act 1996 - Whether sentence imposed by Sentencing Judge manifestly inadequate - Whether Sentencing Judge made a material error of law in applying incorrect maximum penalty - Whether invariable rule that sentence to be imposed for later offence should be made cumulative upon sentence for offence in respect of which prisoner was on bail applies - Approach on re-sentencing since introduction of standard non-parole periods - Double jeopardy principle in Crown Appeals - Real prospect of rehabilitation based on age a special circumstance permitting adjustment of ratio between non-parole period and balance of the term. Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 Criminal Appeal Act 1912 Firearms Act 1996 Dinsdale v R (2000) 202 CLR 321 Ibbs v R (1987) 163 CLR 447 Veen v R (No 2) (1988) 164 CLR 465 CASES CITED : R v Holder & Johnston [1983] 3 NSWLR 245 R v Moffitt (1990) 20 NSWLR 114 R v Penisini; Regina v Lagi; Regina v John Taufahema [2003] NSWSC 892 R v Thomson: R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 PARTIES : Crown (Appellant) Adam Mouloudi (Respondent) FILE NUMBER(S) : CCA 60456/03 COUNSEL : D Woodburne (Appellant Crown) W Hadley (Respondent) SOLICITORS : S Kavanagh (Appellant)