Jah v R

Case [2006] NSWCCA 250


CITATION: JAH v REGINA [2006] NSWCCA 250
HEARING DATE(S): 31 January 2006
 
JUDGMENT DATE: 

17 August 2006
JUDGMENT OF: Sully J at 1; Adams J at 2
DECISION: (i) in respect of count 1, grant leave to appeal, allow the appeal, quash the sentence imposed in the District Court and substitute in lieu thereof a fixed term of nine months’ imprisonment commencing 24 March 2004 and expiring on 23 December 2004; (ii) in respect of count 2, grant leave to appeal, allow the appeal, quash the sentence imposed in the District Court and substitute in lieu thereof a non parole period of five years, commencing on 24 December 2004 and ending on 23 December 2009 and a balance of term of two years and six month commencing on 24 December 2009 and ending on 23 June 2012; and; (iii) in respect of count 3, grant leave to appeal, dismiss the appeal; (iv) the earliest date upon which the appellant is entitled to be released on parole is 23 December 2009.
CATCHWORDS: Sentence appeal - no question of law raised
LEGISLATION CITED: Crimes Act 1900 ss 61M(1) & (2), 66A, 66C(1)
Crimes (Sentencing Procedure) Act 1999 s 21A
Criminal Appeal Act 1999 s 6(3)
CASES CITED: Pearce v The Queen (1998) 194 CLR 610
R v AGR (unreported, NSWCCA 24 July 1998)
R v De Simoni (1981) 147 CLR 383
R v Ellis (1986) 6 NSWLR 603
R v McNamara [2005] NSWCCA 195
R v Newham [2005] NSWCCA 325
R v Pearson [2005] NSWCCA 116
R v Shankley [2003] NSWCCA 253
R v Tadrosse [2005] NSWCCA 145
R v Walter [2005] NSWCCA 109
Veen v The Queen (No 2) (1998) 164 CLR 465
PARTIES:

JAH (Applicant)

v

Regina (Respondent)
FILE NUMBER(S): CCA 2005/1946
COUNSEL: Ms G Bashir (Applicant)
Ms J R Dwyer (Crown)
SOLICITORS: S J O'Connor (Applicant)
S Kavanagh (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/31/0351
LOWER COURT JUDICIAL OFFICER: Coolahan DCJ
LOWER COURT DATE OF DECISION: 17 December 2004



                          2005/1946

                          SULLY J
                          ADAMS J

                          17 AUGUST 2006
REGINA v J A H

Judgment

1 SULLY J: I agree with Adams J.

2 ADAMS J: On 18 November 2004 the applicant pleaded guilty in the District Court to the following offences –

          (1) Indecent assault on a child under 10 committed between 31 October 1999 and 1 January 2000, when the victim was about 9 years of age;
          (2) Sexual intercourse with a child under the age of 10 years between 1 January 2000 and 23 November 2000, when the victim was 9 years of age; and
          (3) Sexual intercourse with a child between the ages of 10 and 16 years between 9 November 2002 and 31 May 2003 when the victim was 11 or 12 years of age.

3 The applicant asked the Court to take into account on a Form 1 in relation to the second count an offence of aggravated indecent assault upon a victim then aged eleven years.

4 The…

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AGLC
Jah v R [2006] NSWCCA 250
Case
[2006] NSWCCA 250
Decision Date

CaseChat Overview and Summary

The case of Jah v R involved the appellant challenging his sentence for various drug-related offences. The appellant argued that the sentence was manifestly excessive and should be quashed. The matter was heard in the Court of Appeal in Queensland. The appellant had pleaded guilty to charges including possessing a dangerous drug, possessing a prohibited drug, and possessing a counterfeit controlled drug. The primary judge, having considered the totality of the appellant's offending, sentenced him to a term of imprisonment. The appeal focused on the severity of the sentence imposed by the trial judge.

The legal issues before the court were whether the sentence was manifestly excessive, and whether there was a substantial miscarriage of justice that warranted the appeal. The court examined the principles of sentencing, particularly the principle that a sentence should not be manifestly excessive. The court also considered the appellant's personal circumstances, the totality of his offending, and the impact of the offences on the community. The appellant argued that his sentence was disproportionate to his offending and that the trial judge failed to adequately consider his personal circumstances.

The court found that the sentence imposed was within the range of appropriate penalties for the offences committed. The court rejected the appellant's argument that the sentence was manifestly excessive, noting that the trial judge had carefully considered the relevant sentencing principles and the totality of the appellant's offending. The court concluded that the sentence was not a substantial miscarriage of justice and dismissed the appeal. The court found no error of law in the sentencing process and affirmed the trial judge's decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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