Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Norouzi v R [2020] NSWCCA 237 Hearing dates: 10 August 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Before: Payne JA at [1]
Walton J at [5]
Fullerton J at [74]Decision: (1) An extension of time is granted to bring the appeal out of time.
(2) Leave to appeal is granted.
(3) The appeal is dismissed.
Catchwords: CRIME – appeals – appeal against sentence – manifest excess – aggravated dangerous driving occasioning death conviction – extension of time –objective seriousness of the offence above mid-range – subjective features not out of ordinary or substantial – comparative cases – JIRS statistics
Legislation Cited: Criminal Appeal Act 1912 (NSW)
Crimes Act 1900 (NSW)
Cases Cited: Bombardieri v R (2010) 203 A Crim R 89; [2010] NSWCCA 161
Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45
House v The King (1936) 55 CLR 499; [1936] HCA 40
Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
R v Shashati [2018] NSWCCA 167
R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343
R v Williams [2014] NSWCCA 200
Category: Principal judgment Parties: Hasan Norouzi (Applicant)
Regina (Crown)Representation: Counsel:
Solicitors:
S Kluss (Applicant)
B Hatfield (Crown)
Ross Hill & Associate Solicitors (Applicant)
Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s): 2017/384582 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 30 September 2019
- Before:
- Herbert DCJ
- File Number(s):
- 2017/384582
JUDGMENT
-
PAYNE JA: I have read the decision of Walton J in draft and agree with his Honour’s reasons. I wish only to add a few brief observations of my own.
-
The Crown’s submissions on the appeal tended to deprecate the relevance of sentencing statistics and prior cases as providing any assistance to this Court on a sentence appeal. I regard what Bell P has observed about these issues in Moodie v R [2020] NSWCCA 160 as stating the correct approach to those issues.
-
There are cases, of which Conte v R [2018] NSWCCA 209 was one, where sentences imposed in previous cases can provide guidance to appellate courts. Accepting that it is only by examination of the whole of the circumstances that have given rise to the sentence that unifying principles may be discerned, such cases stand as a yardstick against which to examine a sentence which has been passed.
-
I agree with the orders suggested by Walton J.
-
WALTON J: By a notice of appeal filed 8 May 2020, Hasan…
Continue reading Norouzi v R
Sign in free to access the full text
- AGLC
- Norouzi v The Queen [2020] NSWCCA 237
- Case
- [2020] NSWCCA 237
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the sentence was excessive when considering the objective seriousness of the offence and the subjective features of the case. The key legal issues were whether the sentence was appropriately aligned with the mid-range for such offences and whether the subjective features of the case warranted any departure from the usual sentencing range.
The court examined the objective seriousness of the offence, finding it to be above the mid-range due to the nature of the crime. However, the court also considered the subjective features of the case, which were not deemed out of the ordinary or substantial. By comparing Mr Norouzi's case with other similar cases and using the Judicial Indicative Ranges System (JIRS) statistics, the court determined that the sentence was not a manifest excess. Consequently, the appeal against the sentence was dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.