Regina v Belal Hajeid [2005] NSWCCA 262

New South Wales Court of Criminal Appeal

Regina v Belal Hajeid [2005] NSWCCA 262 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 26/7/05, 27/7/05

JUDGMENT DATE: 16 September 2005

JUDGMENT OF: Studdert J at 1; Bell J at 1; Latham J at 1

DECISION: 1. Grant leave to appeal; 2. Allow the appeal and quash the sentences imposed in the District Court. In lieu thereof the applicant is sentenced to the following terms of imprisonment; Count one (detain for advantage - Ms A) a fixed term of imprisonment for five years to date from 20 December 2002. That sentence will expire on 19 December 2007; Count four (assault - Ms A) a fixed term of imprisonment for two years to commence on 20 December 2001 and to expire on 19 December 2003; In respect of counts five, six, seven, eight and nine (aggravated sexual intercourse without consent - Ms A) imprisonment for eleven years to commence on 20 December 2002. These sentences will expire on 19 December 2013. In respect of each of these sentences there will be a non-parole period of seven years. The non-parole period for these offences will expire on 19 December 2009; Count two (detain for advantage - Ms B) fixed term of imprisonment for five years to date from 20 December 2005. This sentence will expire on 19 December 2010; Count eleven (assault Ms B) fixed term of imprisonment for one year to date from 20 December 2005. That sentence will expire on 19 December 2006; Count twelve (aggravated sexual assault - Ms B) imprisonment for thirteen years to date from 20 December 2005. That sentence will expire on 19 December 2018. Specify a non-parole period of eight years to date from 20 December 2005. The first date upon which the applicant will be eligible for consideration of release to parole is 19 December 2013