Haddara v The King

The applicant in this case, Haddara, was convicted of multiple offences, including one count of discharging a firearm at premises under the Firearms Act 1996. The incident involved shots being fired at an occupied residence in the early hours of the morning, using a shotgun fired from a stolen car. The primary dispute in this case was the severity of the sentence imposed by the trial court. Haddara was given a total effective sentence of six years, with a non-parole period of four years and three months. The base sentence for the offence of discharging a firearm at premises was set at five years and six months. Haddara sought leave to appeal against the sentence, arguing that the base sentence was manifestly excessive.

The court was tasked with determining whether the base sentence for the offence of discharging a firearm at premises was manifestly excessive, considering the seriousness of the conduct and the principles of sentencing. The court also had to consider the difficulty in discerning current sentencing practices for this relatively new offence, which required a balance between deterrence, denunciation, and just punishment. The court examined the total effective sentence and the non-parole period, assessing if it fell within the permissible range.

The court found that the base sentence for the offence was not manifestly excessive, as it was within the permissible range and appropriately balanced the principles of sentencing. The court held that the sentence imposed was appropriate given the serious nature of the offence and the need for deterrence and denunciation. The court also noted the prominence given to just punishment in sentencing for this type of offence. The court concluded that the sentence was appropriate and refused leave to appeal.

The final orders of the court were that leave to appeal was refused, and the original sentence imposed by the trial court was upheld. The court found that the sentence was not manifestly excessive and was within the permissible range, taking into account the seriousness of the offence and the principles of sentencing.