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[2015] NSWCCA 25
Court of Criminal Appeal (NSW)
2015-02-12
Hoeben CJ, Johnson J, Hamill J
Original judgment source is linked above.
gory: Principal judgment Parties: Raymond Sabongi - Applicant R - Respondent Crown Representation: Counsel: JL Glissan QC & WJ Wilcher - Applicant N Adams - Respondent Crown
Solicitors: Landerer & Company - Applicant Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2010/233658 Publication restriction: Nil Decision under appeal Court or tribunal: District Court at Sydney Jurisdiction: Common Law - Criminal Date of Decision: 07 March 2014 Before: Hoy DCJ File Number(s): 2010/233658
Judgment
The charges and sentences imposed
The Facts
Subjective and Mitigating features
Parity
The grounds of appeal
Ground 2 "That the learned sentencing Judge treated the breach of bond matters as justifying greater sentences and accumulation than was warranted in relation to those offences and the offences on the indictment improperly increasing the overall sentence imposed."
Ground 3 "That the learned sentencing Judge erred in law in failing to give due regard to the provisions of s 5 Crimes (Sentencing Procedure) Act which requires the imposition of penalties other than custodial penalties where appropriate and available - see Criminal Procedure Act ss 267 & 268."
Ground 4 "That in sentencing for the major offence [Count 7] his Honour permitted himself to be misled by treating the appellant as the principal offender despite his earlier finding inconsistent with that view."
Ground 5 That his Honour erred in assessing the utilitarian value of the pleas of guilty to be worth no greater discount than 12.5%.
Ground 6 "The sentencing Judge failed to accord sufficient weight to the Applicant's subjective case, in particular to the time lapse between the offences and sentences and the applicant's good conduct and restricted freedom whilst subject to onerous bail conditions."
Grounds 1 and 7 1. His Honour erred in failing to give effect to his finding of 'special circumstances'. 7. That in consequence of the errors above and in the overall assessment of the total criminality of the offender the sentence imposed exceeded that appropriate to a proper exercise of the sentencing discretion.
Section 6(3) and re-sentencing
Amendments 06 March 2015 - typographical error in paragraph 94 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 06 March 2015
Sabongi
R
[2015] HCATrans 19
[1936] HCA 40