Jehad Jodeh v R [2011] NSWCCA 194

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jehad Jodeh v R [2011] NSWCCA 194 Hearing dates: 16 February 2011 Decision date: 29 August 2011 Before: McClellan CJ at CL Johnson J McCallum J Decision: Leave to appeal granted; appeal allowed and sentences imposed at first instance quashed; in lieu thereof applicant sentenced on count 1 to a fixed term of imprisonment of four years commencing on 24 September 2007 and expiring on 23 September 2011; on count 2, to a fixed term of imprisonment of four and a half years commencing on 24 September 2008 and expiring on 23 March 2013; on count 3, to a fixed term of imprisonment of two years, commencing on 24 September 2011 and expiring on 23 September 2013 and on count 4, to a term of imprisonment of ten years with a non-parole period of 5 years commencing on 24 September 2011 and expiring on 23 September 2016 and a balance of term of 5 years expiring on 23 September 2021. Catchwords: CRIMINAL LAW - application for leave to appeal against severity of sentence - offences of armed robbery and maliciously inflicting grievous bodily harm - relevance of motorbike accident leading to drug addiction in assessing offender's culpability for the offences - parity - extra-curial punishment - relevance of reduced civil claim for future loss of earnings due to prison sentence - whether degree of accumulation between individually appropriate sentences resulted in an excessive aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Baghdadi [2008] NSWCCA 239 R v Dunn [2004] NSWCCA 346 R v Hannigan (2009) 193 A Crim R 399 at [25] R v Henry (1999) 46 NSWLR 346 Hristovski v R [2010] NSWCCA 129 Kelly v R (1992) 33 FCR 536 R v MAK (2006) 167 A Crim R 159 Postiglione v R (1997) 189 CLR 295 R v Rossi (Court of Criminal Appeal, SA 20 April 1988, unreported) Category: Principal judgment Parties: Jehad Jodeh Crown Representation: C C Waterstreet with P Lange (Applicant) J Pickering (Crown/Respondent) Oxford Legal, Parramatta (Applicant) Director of Public Prosecutions (Crown/Respondent) File Number(s): 2007/8734 2007/12119 2008/8635 Publication restriction: None Decision under appeal Citation: 2008/8635 - Regina v Jehad JODEH Date of Decision: 2009-05-13 00:00:00 Before: Marien SC DCJ File Number(s): 2007/8734 2007/12119 2008/8635