NSW Caselaw
Reported Decision : 155 A Crim R 202
New South Wales Court of Criminal Appeal
CITATION: R v Amohanga; R v Rai [2005] NSWCCA 249
HEARING DATE(S): 6 May 2005
JUDGMENT DATE: 22 July 2005
JUDGMENT OF: Grove J at 1; Hulme J at 2; Simpson J at 75;
DECISION: Amohanga - (i) Crown appeal allowed, sentence quashed; (ii) in lieu thereof Amohanga sentenced to imprisonment for 12 years with a non-parole period of eight years and six months, the sentence to commence on 17 May 2003, and to expire on 16 May 2015; the non-parole period to expire on 16 November 2011; Rai - In respect of the s98 offence: (i) Crown appeal allowed, sentence quashed; (ii) in lieu thereof, Rai sentenced to imprisonment for 11 years with a non-parole period of eight years, the sentence to commence on 28 May 2004 and expire on 27 May 2015; the non-parole period to expire on 27 May 2012.
CATCHWORDS: Crown appeal against inadequacy of sentence - joint offence of robbery whilst armed with an offensive weapon, with the infliction of grievous bodily harm - aggravating features - pleas of guilty - Rai: plea of guilty to unrelated charge of robbery - Amohanga: prior sentences for detaining for advantage and robbery in company - prior criminal records - whether sentences imposed were manifestly inadequate - nature of error in sentencing - cumulative and concurrent sentencing - condition under which Amohanga at liberty at the time of the offence - whether offences in category of worst of their kind - prospects of rehabilitation of offenders - proportion between non-parole period and head sentence
Crimes Act 1900, s94, s98 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s21A, s44
R v Duncan and Perre [2004] NSWCCA 431 R v El-Andouri [ 2004] NSWCCA 178 R v Fidow [2004] NSWCCA 172 R v Kalache [2000] NSWCCA 2 R v Kirkland [2005] NSWCCA 130 CASES CITED: R v Henry [1999] NSWCCA 111; 46 NSWLR 346 R v Thomson and Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Wall [2002] NSWCCA 42 Uasi v R (1999) NSWCCA 306 Veen v The Queen (No 2) (1988) 164 CLR 465
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