Khouzame v The Queen

The appeal in the case of Khouzame v The Queen concerns the sentencing of the appellant, who was convicted for a series of burglaries. The court was required to determine whether the sentencing principles were applied correctly and whether the sentence imposed was appropriate in light of the appellant's age, lack of prior convictions, and demonstrated remorse. The appeal also challenged the cumulative sentencing for multiple offences committed over a short period and the failure to consider periodic detention as an alternative to imprisonment.

The court examined whether the sentencing judge erred in applying the principles set out in sections 429A and 429C of the relevant legislation. The appellant's age, lack of prior criminal history, and his early guilty pleas were highlighted as mitigating factors. The court noted the judge's adverse remarks regarding the appellant's failure to give evidence about his remorse and questions about his employment status, but also recognised that the judge accepted the appellant's fear of identifying co-offenders as the reason for not testifying. The court found that the judge's failure to give due weight to the mitigating factors and the appellant's remorse constituted an error in applying the sentencing principles. Additionally, the court considered the cumulative sentencing for multiple offences committed over six days and concluded that the judge's approach was flawed. The court also found that the judge did not adequately consider periodic detention as a viable alternative to imprisonment, despite the appellant's consent and the availability of facilities.

ORDERS:
1. The appeal be allowed in part.
2. So much of the sentence that fixed a non-parole period of three years be set aside, and in lieu thereof a non-parole period of two years be fixed.
3. The appeal otherwise be dismissed.