GHANEM v REGINA [2008] NSWCCA 4

New South Wales Court of Criminal Appeal

CITATION: GHANEM v REGINA [2008] NSWCCA 4 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 23 November 2007

JUDGMENT DATE: 8 February 2008

JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Price J at 85

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: (a) Count 1 (detain for advantage Ms A – s.90A of the Crimes Act): a fixed term of imprisonment for five years to date from 17 November 2002. That sentence will expire on 16 November 2007. (b) Count 4 (assault Ms A – s.61 of the Crimes Act): a fixed term of imprisonment for two years to date from 17 November 2001. That sentence will expire on 16 November 2003. (c) Counts 5, 6, 7, 8 and 9 (aggravated sexual intercourse without consent Ms A – s.61J(1) of the Crimes Act): imprisonment for 11 years to date from 17 November 2002. These sentences will expire on 16 November 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 16 November 2009. (d) Count 2 (detain for advantage Ms B – s.90A of the Crimes Act): a fixed term of imprisonment for five years to date from 17 November 2005. This sentence will expire on 16 November 2010. (e) Count 11 (assault Ms B – s.61 of the Crimes Act): a fixed term of imprisonment for one year to date from 17 November 2005. This sentence will expire on 16 November 2006. (f) Count 12 (aggravated sexual intercourse without consent Ms B – s.61J(1) of the Crimes Act): imprisonment for 13 years to date from 17 November 2005. That sentence will expire on 16 November 2018. A non-parole period of eight years to date from 17 November 2005. The first date upon which the applicant will be eligible for consideration of release to parole is 16 November 2013.