R v Baghdadi [2008] NSWCCA 239

New South Wales Court of Criminal Appeal

CITATION: R v Baghdadi [2008] NSWCCA 239

HEARING DATE(S): 4 June 2008

JUDGMENT DATE: 14 October 2008

JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 64; Hidden J at 69

1. Appeal upheld. 2. Sentences imposed in the District Court quashed and in lieu thereof the respondent is sentenced as follows: First offence: a fixed term of imprisonment of 2 years and 6 months commencing on 9 March 2006. DECISION: Second offence: a fixed term of imprisonment of 2 years and 6 months commencing on 9 March 2007. Third offence: fixed term of imprisonment of 5 years commencing on 9 March 2008. Fourth offence: a non-parole period of 4 years with a balance of term of 3 years. The sentence to commence on 9 March 2009. Fifth offence: a non-parole period of 5 years with a balance of term of 4 years. The sentence to commence on 9 March 2010. The aggregate sentence is a term of 13 years. The effective non-parole period is 9 years. The respondent would be eligible for parole on 8 March 2015.

CATCHWORDS: CRIMINAL LAW – Crown appeal against sentences – Armed robbery – Aggravated car-jacking – Robbery armed with a dangerous weapon – Specially aggravated break, enter and steal – Whether sentences manifestly inadequate and fail to reflect objective criminality – Whether sentencing judge improperly departed from guideline judgment for armed robbery (R v Henry) – Whether aggregate sentence fails to reflect totality of criminality (Pearce v The Queen) – New sentences imposed and start dates adjusted

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999