R v Abboud [2005] NSWCCA 251

New South Wales Court of Criminal Appeal

CITATION: R v Abboud [2005] NSWCCA 251

HEARING DATE(S): 6 July 2005

JUDGMENT DATE: 22 July 2005

JUDGMENT OF: Grove J at 1; Howie J at 2; Rothman J at 3

DECISION: (a) The appeal be allowed;; (b) The sentences imposed by Charteris DCJ on 4 March 2005 be quashed and in lieu thereof, the following sentences be imposed:; (i) Common Assault of 24 September 2004 (Offence 2) - five months' imprisonment fixed term commencing 4 March 2005 and concluding on 3 August 2005; (ii) Common Assault of 28 September 2004 (Offence 3) - ten (10) months' imprisonment fixed term commencing 4 April 2005 and concluding 3 February 2006; (iii) Common Assault of 28 September 2004 (Offence 4) - ten (10) months' imprisonment fixed term commencing 4 May 2005 and concluding 3 March 2006; (iv) Common Assault of 28 September 2004 (Offence 5) - ten (10) months' imprisonment fixed term commencing 4 June 2005 and concluding 3 April 2006; (v) Common Assault of 28 September 2004 (Offence 6) - ten (10) months' imprisonment fixed term commencing 4 July 2005 and concluding 3 May 2006; (vi) Assault occasioning actual bodily harm (Offence 1) - two and a half years' imprisonment commencing on 4 May 2005 and concluding on 3 November 2007 with a non-parole period of thirteen (13) months, expiring on 3 June 2006; (c) The prisoner shall be released on 3 June 2006 on parole on the usual conditions relating thereto.

CATCHWORDS: Criminal Law - Crown Appeal - Principles - Manifest inadequacy - breach of parole - criminal history, use of - cumulative sentencing

Criminal Appeal Act (s.5D) LEGISLATION CITED: Crimes Act 1900 (s.59, s.61) Crimes (Sentencing Procedure) Act1999 (s.21A)

R v Wall [2002] NSWCCA 42 R v Prasad (2004) 147 ACrimR 385 Dinsdale v The Queen (2000) 202 CLR 321 CASES CITED: Johnson v The Queen (2004) 78 ALJR 616 Veen v The Queen [No. 2] (1998) 164 CLR 465 Pearce v The Queen (1998) 194 CLR 610