Karam v The King

In the case of Karam v The King, the applicant, Mr. Karam, appealed against the sentence imposed by the Court of Appeal, which affirmed the sentence imposed by the Supreme Court of New South Wales on a conviction of theft, and offences involving conduct endangering persons and causing injury intentionally. The Court of Appeal rejected the applicant’s contention that the sentence was manifestly excessive and that the sentencing judge had erred in various respects in the sentencing process.

The applicant argued that the sentence was manifestly excessive and that the sentencing judge had erred by not adequately reducing the maximum total sentence indicated at the sentence indication hearing despite new material advanced at the plea. The applicant also argued that it was not open to the sentencing judge to find that the offending was motivated by hatred or prejudice toward dark skinned people, and that the sentencing judge failed to mitigate the sentence by reference to remorse. The Crown, on the other hand, argued that the sentence was not manifestly excessive and that the sentencing judge had adequately considered the matters relevant to the sentencing process.

The High Court found that the sentence imposed was not manifestly excessive, and that the sentencing judge had adequately considered the matters relevant to the sentencing process. The Court held that it was open to the sentencing judge to find that the offending was motivated by hatred or prejudice toward dark skinned people, and that the sentencing judge had adequately considered the applicant’s remorse in imposing the sentence. The Court further held that the sentencing judge was not required to reduce the maximum total sentence indicated at the sentence indication hearing despite new material advanced at the plea. The leave to appeal was refused.

The Court did not make any orders in relation to the applicant’s appeal.