Baghdadi v R [2012] NSWCCA 212

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Baghdadi v R [2012] NSWCCA 212 Hearing dates: 18 September 2012 Decision date: 30 November 2012 Before: Macfarlan JA at [1] Johnson J at [2] Davies J at [3] Decision: (1) Extend the time for the Applicant to appeal against the sentence imposed by Judge Armitage to 14 September 2012. (2) Grant leave to appeal. (3) Allow the appeal. (4) In lieu of the sentence imposed by Judge Armitage in respect of Count 3 sentence the Appellant to a non-parole period of 5 years commencing 9 March 2011 and expiring 8 March 2016 with a balance of term of 3 years expiring 8 March 2019 (5) Grant leave to appeal from the sentences imposed by Judge Finnane. (6) Appeal allowed. (a) In lieu of the sentence for Count 1 sentence the Appellant to a non-parole period of 5 years to commence 9 March 2012 and expiring 8 March 2017 with a balance of term of 3 years to expire 8 March 2020; (b) In lieu of the sentence for Count 2 sentence the Appellant to a fixed term of 2 years imprisonment to commence 9 March 2012 and expiring 8 March 2014; (c) In lieu of the sentence for Count 3 sentence the Appellant to a non-parole period of 5 years to commence 9 March 2014 and expiring 8 March 2019 with a balance of term of 3 years expiring 8 March 2022; (d) In lieu of the sentence for Count 4 sentence the Appellant to a fixed term of 2 years imprisonment to commence 9 March 2014 and expiring 8 March 2016; (e) In lieu of the sentence for Count 5 sentence the Appellant to a non-parole period of 4 years to commence 9 March 2016 and expiring 8 March 2020 with a balance of term of 4 years expiring 8 March 2024. Catchwords: CRIMINAL LAW - sentence - carjacking offences - applicant incarcerated for similar offences at time of sentence for present offences - finding of special circumstances - effect of accumulation on ratio between non-parole period and total sentence - principle of totality - relevance of all sentences to totality principle and effect on statutory ratio - supervision on parole of serious offender Legislation Cited: Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation 2008 Criminal Appeal Rules Cases Cited: Arnold v R [2011] NSWCCA 150 Baghdadi v R [2011] NSWCCA 234 Baghdadi v R (No. 2) [2012] NSWCCA 77 Connelly v R [2012] NSWCCA 144 Jinnette v R [2012] NSWCCA 217 R v Baghdadi [2008] NSWCCA 239 R v MAK (2006) 167 A Crim R 159 Wakefield v R [2010] NSWCCA 12 Category: Principal judgment Parties: Abdul Baghdadi (Applicant) Crown Representation: Counsel: S Odgers SC & K Edwards (Applicant) S Dowling (Crown) Solicitors: Elie Rahme & Associates (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/9151 Decision under appeal Date of Decision: 2010-06-29 00:00:00 Before: Armitage DCJ Finnane DCJ File Number(s): 2009/9151