Regina v Baquayee [2003] NSWCCA 401

New South Wales Court of Criminal Appeal

CITATION : Regina v Baquayee [2003] NSWCCA 401 HEARING DATE(S) : 12/12/03 JUDGMENT DATE : 19 December 2003

JUDGMENT OF : Sully J at 1; Barr J at 2; Newman AJ at 3 DECISION : 1. Appeal upheld; 2. Sentences imposed by His Honour Judge Coorey on the 17th of March 2003 quashed; 3. In relation to Count 2 of the indictment, namely the crime of malicious wounding with intent to do grievous bodily harm involving Ahmed Marnosh Zikria, in lieu substitute a head sentence of 8 years commencing on the 5th of June 2002 and expiring on the 4th of June 2010 with a non-parole period of 4 years and 9 months commencing on the 5th of June 2002 and expiring on the 4th of March 2007; 4. In the case of the crime of malicious wounding with intent to do grievous bodily harm involving Mustafa Zikria, in lieu substitute a head sentence of 10 years commencing on the 5th of June 2002 and expiring on the 4th of June 2012 with a non-parole period of 6 years commencing on the 5th of June 2002 and expiring on the 4th of June 2008.

CATCHWORDS : Criminal Law - Crown Appeal - maliciously wound with intent to do grievous bodily harm - manifestly inadequate sentence - totality - double jeopardy. Criminal Appeal Act 1912 (NSW) LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act Pearce (1998) 194 CLR 610 R v Loh 127 A Crim R 577 CASES CITED : House (1936) 55 CLR 409 Dinsdale (2000) 202 CLR 321 Wong (2001) 76 ALJR 79 PARTIES : Regina Mohammed Tamin Baquayee FILE NUMBER(S) : CCA 60155/2003 Crown: COUNSEL : P. Miller Baquayee: H. Dhanji Crown: SOLICITORS : A. Bhat Baquayee: J. Witmer