SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2011 0251
| HAFIZULLAH NAWROZI |
| v |
| THE QUEEN |
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JUDGES: | BUCHANAN and OSBORN JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 1 November 2012 | |
DATE OF JUDGMENT: | 1 November 2012 | |
MEDIUM NEUTRAL CITATION: | ||
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CRIMINAL LAW – Sentencing – Application for leave to appeal against sentence imposed in respect of one charge of causing serious injury recklessly – Stab wound to the back of 13 year old boy attempting to defend his mother – Sentence not manifestly excessive – No point of principle.
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| APPEARANCES: | Counsel | Solicitors |
| For the appellant | Mr T Kassimatis | Valos Black |
| For the respondent | Mr P B Kidd SC | Mr C Hyland, Solicitor for Public Prosecutions |
BUCHANAN JA:
I will ask Osborn JA to deliver the first judgment.
OSBORN JA:
On 7 December 2011, the applicant pleaded guilty in the County Court to one charge of causing serious injury intentionally and one charge of causing serious injury recklessly. On 15 December 2011 he was sentenced to eight years' imprisonment on the first charge and four years on the second charge. Two years of the second sentence were cumulated on the first resulting in a total effective sentence of 10 years. The sentencing judge fixed a non‑parole period of seven years. Her Honour stated that the total effective sentence she would have imposed had the applicant not pleaded guilty would have been 12 years' imprisonment with a non‑parole period of nine years.
The applicant seeks leave to appeal on the basis that the sentence imposed for the second charge is manifestly excessive both in itself and with respect to the order made for cumulation.
On 2 May 2012, Maxwell P refused leave to appeal. The applicant has now elected to have his application determined by an appeal bench constituted by at least two judges.
The applicant was in a de facto relationship with Marina Maroni between 2003 and 2009. As a result of occurrences within that relationship, Ms Maroni obtained an intervention order in the Dandenong Magistrates' Court to protect herself and her two children, Alex and Alexia, from being assaulted and harassed by the applicant. The applicant breached this order repeatedly and Ms Maroni moved to an address in Preston in order to try and evade him.
After locating Ms Maroni's new address, the applicant determined to confront her on 29 August 2009. The applicant put on dark clothing with a hooded top and armed himself with a 30 cm long Annalong kitchen knife. On arriving at the
premises he hid behind wheelie bins in the driveway and waited for Ms Maroni to return home.
Ms Maroni and her two children arrived home at about 8.10 pm. The applicant attacked Ms Maroni with the knife as she was putting the key into the front door. He stabbed her in the head a number of times. One centimetre of the tip of the knife became dislodged and embedded in Ms Maroni's skull. The stabbing caused extensive head…
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- Nawrozi v The Queen [2012] VSCA 272
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- [2012] VSCA 272
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CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed on the appellant was manifestly excessive and whether the appeal raised a point of principle. The court needed to assess the gravity of the offence, the degree of culpability, and the appropriateness of the sentence in light of the circumstances. Additionally, the court had to consider whether the appeal presented a point of principle that was of general legal significance, which would warrant the exercise of the court’s discretion to grant leave to appeal.
The court found that the sentence was not manifestly excessive and that the appeal did not raise a point of principle. The High Court reasoned that the appellant’s conduct was highly culpable, as he recklessly caused serious injury to a defenceless 13-year-old boy. However, the court considered the totality of the circumstances, including the appellant's background and the circumstances of the offence, and concluded that the sentence was appropriate. Furthermore, the court determined that the appeal did not present a point of principle of general legal significance, and therefore, the appeal was dismissed.
As a result of the High Court's decision, the appellant's application for leave to appeal against the sentence was denied. The sentence imposed by the lower court remained in effect. The court's ruling emphasised the importance of considering the specific circumstances of each case when assessing the severity of a sentence and the appropriateness of an appeal.
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