NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Naji [2007] NSWCCA 198
HEARING DATE(S): 29 June 2007
JUDGMENT DATE: 29 June 2007
JUDGMENT OF: Spigelman CJ at 24, 26; James J at 25; Hislop J at 1
DECISION: 1. Allow the appeal; 2. Quash the sentences; 3. As to the first offence, sentence the respondent to imprisonment for a non-parole period of two years to commence on 29 June 2006 and expire on 28 June 2008 and a balance of term of two years to commence on 29 June 2008 and expire on 28 June 2010; 4. As to the second offence, sentence the respondent to imprisonment for a non-parole period of two years to commence on 29 June 2006 and expire on 28 June 2008 and a balance of term of two years to commence on 29 June 2008 and expire on 28 June 2010. The earliest date on which the respondent will be eligible for release to parole is 28 June 2008.
CATCHWORDS: Criminal law - Sentencing - Crown appeal - Sentence manifestly inadequate - Henry sentencing principles.
LEGISLATION CITED: Crimes Act 1900 - 97 Crimes (Sentencing Procedure) Act 1999 - s 12
R v Henry (1999) 46 NSWLR 346 R v Pearce (1998) 194 CLR 610 CASES CITED: R v Wall [2002] NSWCCA 42 R v Whyte (2002) 55 NSWLR 252 Regina v Zamagias [2002] NSWCCA 17.
PARTIES: Appellant - Regina Respondent - Ibrahim Naji
FILE NUMBER(S): CCA 2007/580
COUNSEL: Appellant - Ms V. Lydiard Respondent - Mr J. Korn
SOLICITORS: Appellant - Director of Public Prosecutions (New South Wales) Respondent - Randle Lawyers
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0808
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