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Jodeh v R

Jodeh v R

Case [2011] NSWCCA 194 29 August 2011

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Court of Criminal Appeal

New South Wales

Case Title: Jehad Jodeh v R

Medium Neutral Citation: [2011] NSWCCA 194

Hearing Date(s): 16 February 2011

Decision Date: 29 August 2011

Jurisdiction:

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)

Texts Cited:

Category: Principal judgment

Parties:
Jehad Jodeh
Crown

Representation

- Counsel:
C C Waterstreet with P Lange (Applicant)
J Pickering (Crown/Respondent)

- Solicitors:
Oxford Legal, Parramatta (Applicant)
Director of Public Prosecutions (Crown/Respondent)

File number(s): 2007/87342007/121192008/8635

Decision Under Appeal

- Court / Tribunal:

- Before: Marien SC DCJ

- Date of Decision: 13 May 2009

- Citation: 2008/8635 - Regina v Jehad JODEH

- Court File Number(s) 2007/87342007/121192008/8635

Publication Restriction:
None

Judgment

McClellan CJ at CL: I agree with McCallum J.

Johnson J: I agree with McCallum J.

McCallum J: This is an application for leave to appeal against the sentences imposed upon Mr Jehad Jodeh after he pleaded guilty in the District Court to three offences of robbery armed with a dangerous weapon contrary to s 97(2) of the Crimes Act 1900 and one offence of maliciously inflicting grievous bodily harm contrary to s 35(1)(b) of the Act (as it stood in December 2006). The maximum penalty for the offence of armed robbery is 25 years imprisonment. The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Jodeh v R

Details

AGLC: Jodeh v R [2011] NSWCCA 194
Case: [2011] NSWCCA 194
Decision Date: 29 August 2011

CaseChat Overview and Summary

In the case of Jodeh v R, the applicant, Jodeh, sought leave to appeal against the severity of a sentence imposed for multiple criminal offences. The applicant was convicted of armed robbery and inflicting grievous bodily harm. The primary issue before the court was whether the sentence imposed was excessive, given the applicant's personal circumstances, including a history of drug addiction stemming from a motorbike accident, and the potential for cumulative punishment. The court also needed to consider the relevance of the reduced civil claim for future loss of earnings due to the prison sentence in the sentencing process.

The court examined the individual and cumulative sentences imposed and assessed whether the degree of accumulation between these sentences resulted in an excessive aggregate sentence. The court acknowledged the applicant's difficult background and drug addiction, which played a significant role in his criminal behaviour. However, the court held that while these factors were relevant in determining the appropriate sentence, they did not warrant a reduction in the sentence imposed. The court found that the sentence was proportionate to the severity of the offences committed and took into account the need for general deterrence. Consequently, the application for leave to appeal against the severity of the sentence was dismissed.

Orders