NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Rahme; Regina v El-Hayek [2004] NSWCCA 226 HEARING DATE(S) : 11 June 2004 JUDGMENT DATE : 7 July 2004
JUDGMENT OF : Dowd J at 1; Hislop J at 2; Smart AJ at 3 DECISION : (Rahme) See para 57 (El Hayek) See para 71
CATCHWORDS : Application of principles of totality to setting of non-parole periods when sentences accumulated - need to allow adeqiuate periods on parole when serving long sentences LEGISLATION CITED : Nil CASES CITED : Nil PARTIES : Regina v John Claude Rahme Regina v Nakhle El-Hayek FILE NUMBER(S) : CCA 60074/04; 60076/04 (Rahme) Mr Ramage QC COUNSEL : (El-Hayek) Mr R Button (Crown) Mr G Rowling (Rahme) E Rahme SOLICITORS : (El-Hayek) S O'Connor (Crown) S Kavanagh
LOWER COURT District Court JURISDICTION : LOWER COURT (Rahme) 2/11/0949;01/11/0408 FILE NUMBER(S) : (El-Hayek) 01/11/0408 LOWER COURT Solomon DCJ & Stewart ADCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60074/04 60076/04 DOWD J HISLOP J SMART AJ Wednesday, 7 July 2004 Regina v John Claude RAHME Regina v Nakhle EL-HAYEK
Judgment 1. DOWD J: I have read the judgment of Smart AJ in draft form I agree with the proposed orders and his reasons therefor.
2. HISLOP J: I agree with Smart AJ.
3. SMART AJ: John Claude Rahme seeks leave to appeal against the following sentences:
Acting Judge Stewart – Indictment of 21 June 2002 Sentences imposed 8 November 2002 Armed robbery with a dangerous weapon (gun) 22/7/00 6 years imprisonment; (1) (Maximum penalty 25 years) Belmore Park NPP 4.5 years from 10/11/01 Nth Parramatta Demand money with menaces 22/7/00 (2) (maximum penalty 10 years) Belmore Park Fixed term of 3.5 years from 10/11/01 Nth Parramatta Sexual intercourse with a person (KB) above 27/7/00 2.5 years imprisonment (3) age of 10 years and under the age of 16 years, namely 15 years at Parramatta from 10/5/06; (maximum penalty 8 years) NPP 1.5 years ending 9/11/07 (4) Supply methylamphetamine 27/7/00 at 3.5 years imprisonment from 10/5/06; (maximum penalty 15 years) Parramatta NPP 1.5 years ending 9/11/07
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