NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: EL-ARJA v REGINA [2009] NSWCCA 8
HEARING DATE(S): Friday 7 November 2008
JUDGMENT DATE: 12 February 2009
JUDGMENT OF: McClellan CJatCL at 1; Hall J at 2; Harrison J at 57
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – appeal against sentence – grounds for interference - whether sentence manifestly excessive – whether trial judge gave undue weight to the offence – consideration of sentencing guidelines – consideration of relevant principles – deterrence – seriousness of offence – where finding of special circumstances adequately taken into account in sentence – where appeal dismissed
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Attorney-General's Application under s.37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146 CASES CITED : Regina v DBN [2005] NSWCCA 435 Regina v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 Regina v Simpson [2001] NSWCCA 534
PARTIES: Belall EL-ARJA v REGINA
FILE NUMBER(S): CCA No 2007/5640
COUNSEL: Crown: P Calvert App: P Lange
SOLICITORS: Crown: S Kavanagh App: Adam Houda
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/21/0223
LOWER COURT JUDICIAL OFFICER: Marien DCJ
LOWER COURT DATE OF DECISION: 30 November 2007
IN THE COURT OF CRIMINAL APPEAL No 2007/5640
McCLELLAN CJ at CL HALL J HARRISON J
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