R v Fadi JAJOU; R v Maher JEBARA; R v Sam LAFTA [2009] NSWCCA 167

Reported Decision: 196 A Crim R 370

New South Wales Court of Criminal Appeal

CITATION: R v Fadi JAJOU; R v Maher JEBARA; R v Sam LAFTA [2009] NSWCCA 167

HEARING DATE(S): 4 June 2009

JUDGMENT DATE: 26 June 2009

JUDGMENT OF: Campbell JA at 1; Latham J at 16; Harrison J at 17

In each matter: 1. Appeal allowed. DECISION: 2. Quash the sentences imposed upon the respondent by her Honour Tupman DCJ on 6 March 2009. 3. In lieu thereof the respondent is sentenced on the first charge to a non-parole period of imprisonment of 12 months commencing on 26 June 2009 and expiring on 25 June 2010 with balance of term of 12 months commencing on 26 June 2010 and expiring on 25 June 2011 and on the second charge to a non-parole period of imprisonment of 12 months commencing on 26 December 2009 and expiring on 25 December 2010 with balance of term of 12 months commencing on 26 December 2010 and expiring on 25 December 2011. The effective non-parole period is therefore 18 months commencing on 26 June 2009 and expiring on 25 December 2010. The earliest date upon which the respondent will be entitled to be released will be 25 December 2010.

CATCHWORDS: CRIMINAL LAW – sentence – Crown appeal against inadequacy of sentences imposed on three offenders for two counts of armed robbery of convenience store – sentences of two years in each case to be served concurrently and wholly suspended – whether manifestly inadequate – whether sentences resulting from demonstrated error having regard to Henry guidelines – sentences manifestly inadequate – offenders resentenced to effective non-parole periods of 18 months

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912