SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2013 0163 | |
| KHALED JOMAA | Applicant |
| v | |
| THE QUEEN | Respondent |
JUDGES: | WEINBERG and SANTAMARIA JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 9 May 2014 | |
DATE OF JUDGMENT: | 30 May 2014 | |
MEDIUM NEUTRAL CITATION: | [2014] VSCA 103 | |
JUDGMENT APPEALED FROM: | DPP v Jomaa (Unreported, County Court of Victoria, Judge Parsons, 6 August 2013) | |
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CRIMINAL LAW – Application for leave to appeal against sentence – Applicant pleaded guilty to six counts of burglary and ten counts of theft and a summary offence of driving in a dangerous manner – Applicant and co-offender committed offences as part of multi-faceted course of criminal conduct – Sentenced to six years and nine months’ imprisonment with a non-parole period of five years – Manifest excess – Whether sentencing judge gave insufficient weight to mitigating factors – Sentences clearly within range of sentences that were reasonably open – Cumulation – No error in treating dangerous driving as a distinct offence – Parity – Lesser non-parole period of co-offender – Co-offender committed offences while on parole for Commonwealth offences – Revocation of parole period – Principle of totality applied by judge to co-offender – Co-offender must serve longer period before eligibility for parole – No justifiable sense of grievance – Application for leave to appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms N Karapanagiotidis | Revill & Papa Lawyers |
| For the Respondent | Mr G J C Silbert QC | Mr C Hyland, Solicitor for Public Prosecutions |
WEINBERG JA:
I agree with Santamaria JA.
SANTAMARIA JA:
The applicant, Khaled Jomaa, pleaded guilty, in the County Court at Melbourne, to six counts of burglary, ten counts of theft, and a single summary offence of driving in a dangerous manner. On 6 August 2013, he was sentenced as follows:[1]
Charges on Indictment
Offence
Maximum
Sentence
Cumulation
1.
Burglary
[s 76(1) Crimes Act 1958]
10 years
[s 76(3) Crimes Act 1958]
18 months
Base Sentence
2.
Theft
[s 74(1) Crimes Act 1958]
10 years
[s 74(1) Crimes Act 1958]
12 months
2 months
3.
Burglary
[s 76(1) Crimes Act 1958]
10 years
[s 76(3) Crimes Act 1958]
18 months
9 months
4.
Theft
[s 74(1) Crimes Act 1958]
10 years
[s 74(1) Crimes Act 1958]
9 months
2 months
5.
Theft
[s 74(1) Crimes Act 1958]
10 years
[s 74(1) Crimes Act 1958]
Fined $500
–
6.
Burglary
[s 76(1) Crimes Act 1958]
10 years
[s 76(3) Crimes Act 1958]
18 months
9 months
7.
Theft
[s 74(1) Crimes Act 1958]
10 years
[s 74(1) Crimes Act 1958]
12 months
2 months
8.
Theft
[s 74(1) Crimes Act 1958]
10 years
[s 74(1) Crimes Act 1958]
Fined $500
9.
Burglary
[s 76(1) Crimes Act 1958]
10 years
[s 76(3) Crimes Act 1958]
18 months
9 months
10.
Theft
[s 74(1) Crimes Act 1958]
10 years
[s 74(1) Crimes Act 1958]
12 months
2…
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- AGLC
- Jomaa v The Queen [2014] VSCA 103
- Case
- [2014] VSCA 103
- Decision Date
CaseChat Overview and Summary
The court addressed whether the sentencing judge appropriately balanced the aggravating and mitigating factors in determining the sentence. It examined the principle of totality applied to the co-offender's sentence and the effect of the co-offender's parole status on his sentencing. The court found that the sentence imposed was well within the range of sentences that could be reasonably applied, considering the nature and circumstances of the offences. The court also upheld the decision to treat the dangerous driving offence as distinct, and it affirmed the principle of parity, ensuring that the co-offender, who was on parole for Commonwealth offences, had a longer non-parole period, reflecting the principle of totality.
The High Court concluded that the sentencing judge had applied the appropriate legal principles in crafting the sentences. The court found no error in the approach taken, and the application for leave to appeal was dismissed. The reasoning provided by the sentencing judge was deemed sufficient, and no manifest excess was identified in the sentence imposed on Jomaa. The court also confirmed that the co-offender's longer non-parole period was justified, and the overall sentences reflected a fair and balanced outcome.
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Background to the litigation
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