R v Baghdadi

Case [2008] NSWCCA 239


New South Wales
Court of Criminal Appeal

CITATION: R v Baghdadi [2008] NSWCCA 239
HEARING DATE(S): 4 June 2008
 
JUDGMENT DATE: 

14 October 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 64; Hidden J at 69
DECISION: 1. Appeal upheld.
2. Sentences imposed in the District Court quashed and in lieu thereof the respondent is sentenced as follows:
First offence: a fixed term of imprisonment of 2 years and 6 months commencing on 9 March 2006.
Second offence: a fixed term of imprisonment of 2 years and 6 months commencing on 9 March 2007.
Third offence: fixed term of imprisonment of 5 years commencing on 9 March 2008.
Fourth offence: a non-parole period of 4 years with a balance of term of 3 years. The sentence to commence on 9 March 2009.
Fifth offence: a non-parole period of 5 years with a balance of term of 4 years. The sentence to commence on 9 March 2010.
The aggregate sentence is a term of 13 years. The effective non-parole period is 9 years. The respondent would be eligible for parole on 8 March 2015.
CATCHWORDS: CRIMINAL LAW – Crown appeal against sentences – Armed robbery – Aggravated car-jacking – Robbery armed with a dangerous weapon – Specially aggravated break, enter and steal – Whether sentences manifestly inadequate and fail to reflect objective criminality – Whether sentencing judge improperly departed from guideline judgment for armed robbery (R v Henry) – Whether aggregate sentence fails to reflect totality of criminality (Pearce v The Queen) – New sentences imposed and start dates adjusted
LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
CASES CITED: Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610; 103 A Crim R 372
R v AA [2006] NSWCCA 55
R v AJP [2004] NSWCCA 434; (2004) 150 A Crim R 575
R v Campbell [2000] NSWCCA 157
R v Deng [2007] NSWCCA 216; (2007) 176 A Crim R 1
R v Fidow [2004] NSWCCA 172
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346
R v Knight & Biuvanua [2007] NSWCCA 283
R v Ponfield [1999] NSWCCA 435; (1999) 48 NSWLR 327
R v Tran [1999] NSWCCA 109
R v Wall [2002] NSWCCA 42
R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168
R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 252
Wong & Leung v R [2001] HCA 64; (2001) 207 CLR 584
PARTIES: The Crown (Appellant)
Abdul Baghdadi (Respondent)
FILE NUMBER(S): CCA 2008/0586
COUNSEL: D Arnott SC (Crown/Appellant)
H Dhanji (Respondent)
SOLICITORS: Director of Public Prosecutions (Crown/Appellant)
Legal Aid Commission of NSw (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/0042
07/21/0172
07/21/0183
LOWER COURT JUDICIAL OFFICER: Ellis DCJ
LOWER COURT DATE OF DECISION: 18 December 2007




                          2008/0586

                          McCLELLAN CJ at CL
                          HULME J
                          HIDDEN J

                          TUESDAY 14 OCTOBER 2008
R v BAGHDADI
Judgment

1 McCLELLAN CJ at CL: This is a…

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R v Baghdadi [2008] NSWCCA 239
Case
[2008] NSWCCA 239
Decision Date

CaseChat Overview and Summary

The matter before the court was an appeal by the Crown against sentences imposed on a defendant found guilty of armed robbery, aggravated car-jacking, robbery armed with a dangerous weapon, and specially aggravated break, enter, and steal. The case was heard by the Full Court of the Supreme Court of South Australia. The Crown argued that the sentences imposed were manifestly inadequate and failed to reflect the objective criminality of the offences. The appeal raised questions about whether the sentencing judge had improperly departed from the guideline judgment for armed robbery, as set out in R v Henry, and whether the aggregate sentence failed to reflect the totality of the criminality, as per Pearce v The Queen.

The court considered the nature and seriousness of the offences, the defendant's criminal history, and the need for general and specific deterrence. The court examined the sentencing principles and guidelines established in previous cases, such as R v Henry and Pearce v The Queen, to determine whether the original sentences were manifestly inadequate. The Crown submitted that the original sentences did not adequately reflect the seriousness of the offences and the need for appropriate punishment and deterrence. The court also considered the totality principle, which requires that the aggregate sentence reflect the totality of the criminality involved in all the offences.

After considering the submissions and arguments from both parties, the court determined that the original sentences were manifestly inadequate. The court found that the sentencing judge had not adequately considered the objective criminality of the offences and had not imposed sentences that reflected the seriousness of the crimes. The court re-sentenced the defendant, imposing new sentences that better reflected the totality of the criminality and the need for general and specific deterrence. The start dates of the new sentences were adjusted to ensure that the defendant would serve an appropriate period of imprisonment. The appeal was thus allowed, and new sentences were imposed with adjusted start dates.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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