NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Jalloh v R [2009] NSWCCA 295
HEARING DATE(S): 11 December 2009
JUDGMENT DATE: 11 December 2009
JUDGMENT OF: McClellan CJatCL at 1, 43, 45; Hidden J at 44; Johnson J at 2
EX TEMPORE JUDGMENT DATE: 11 December 2009
DECISION: 1. Leave to appeal granted. 2. Appeal with respect to sentence dismissed.
CATCHWORDS: CRIMINAL LAW - sentence - two offences of indecent assault - vulnerable victim - offences committed whilst offender subject to conditional liberty - strong subjective case - offender with mild intellectual disability - tragic family history - need for reasonable proportionality between sentences and offences - persuasive subjective considerations ought not cause inadequate weight to be given to objective circumstances - sentences not manifestly excessive - appeal dismissed
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Markarian v The Queen [2005] 228 CLR 357 R v Gent (2005) 162 A Crim R 29 CASES CITED : Edwards v R [2009] NSWCCA 199 R v Scott [2005] NSWCCA 152 R v Rushby [1977] 1 NSWLR 594 R v Dodd (1991) 57 A Crim R 349
PARTIES: Mohamed Jalloh (Applicant) Regina (Crown)
FILE NUMBER(S): CCA 2008/16793
COUNSEL: Mr R Button SC (Applicant) Ms S Dowling (Respondent)
SOLICITORS: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 08/11/1098
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate