NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Khaled BAJOURI v R [2009] NSWCCA 125 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 17 March 2009
JUDGMENT DATE: 27 April 2009
JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 2; Howie J at 54
Leave to appeal granted. DECISION: Sentence imposed in the District Court quashed; In lieu thereof, imprisonment with a non-parole period of 2 years and 6 months, to commence on 23 June 2006 and expire on 22 December 2008, and a balance of term of 3 years, expiring on 22 December 2011. The applicant is entitled to immediate consideration for release on parole.
CATCHWORDS: CRIMINAL LAW - offences against the person - aggravated detention of a person with intent to hold for ransom - appeal against sentence - whether sentence manifestly excessive - parity, whether justifiable sense of grievance when sentence considered in relation to co-offenders' sentences
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
CASES CITED : R v Collett & Robson (NSWCCA, unreported, 7 June 1979, per Roden J)
PARTIES: Khaled BAJOURI (Applicant) REGINA (Crown)
FILE NUMBER(S): CCA 2007/13755
COUNSEL: R Burgess (Applicant) M Grogan (Crown)
SOLICITORS: S O'Connor (Legal Aid Commission) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0507
LOWER COURT JUDICIAL OFFICER: Puckeridge DCJ
LOWER COURT DATE OF DECISION: 11 July 2008
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