SUPREME COURT OF QUEENSLAND
CITATION:
R v Haddad [2009] QCA 143
PARTIES:
R
v
BACHAR HADDAD
(applicant)FILE NO/S:
CA No 69 of 2009
SC No 2 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED EX TEMPORE ON:
28 May 2009DELIVERED AT:
Brisbane
HEARING DATE:
28 May 2009
JUDGES:
Holmes JA, McMurdo and Applegarth JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application Dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – where the applicant was not aware this his partner was pregnant at the date of sentence – where the child cared for by the applicant’s elderly parents with personal and financial difficulty – whether the original sentence should be varied due to the hardship on applicant’s family
R v D’Arrigo; ex parte Attorney-General of Queensland[2004] QCA 399, cited
R v MP [2004] QCA 170, cited
The Queen v Wirth (1976) 14 SASR 291, citedCOUNSEL:
M Kriss for the applicant
M B Lehane for the respondentSOLICITORS:
Sydney Metropolitan Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
APPLEGARTH J: The applicant was sentenced in the Supreme Court at Brisbane on 7 January 2008 after he pleaded guilty to three counts of supplying dangerous drugs. He was sentenced on each count to a term of imprisonment of six years. He was also ordered to serve the whole of a suspended period of imprisonment that had been imposed on 26 October 2000. A parole eligibility date of 6 January 2010 was fixed.
The applicant applied to this Court on 26 March 2009 for an extension of time within which to appeal and for leave to appeal against his sentence. In those applications he states, "This is not an appeal against the original sentence as such, but is an application for variation of the original sentence."
The grounds for each application are of a compassionate nature. The matters outlined in his applications are not verified by affidavit. They are that on 13 July 2008 his partner gave birth to a child and the applicant was unaware at the time of the hearing that his partner was pregnant. The applicant says that his partner, who is aged 20, has shown that she is not capable of rearing their son without assistance.
The child apparently is being cared for by the applicant's elderly parents with the assistance of his sister, who does not reside with his parents. The applicant's mother has significant health problems and his father, who is aged 75, has limited ability to assist in caring for the child. The parents of the applicant's partner also are said to have health problems. The grandparents are also said to be unable to assist financially in the rearing of the child. The matters in relation…
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- AGLC
- R v Haddad [2009] QCA 143
- Case
- [2009] QCA 143
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the applicant's lack of knowledge about his partner's pregnancy at the time of sentencing constituted a sufficient ground for altering the sentence. The court also needed to assess whether the hardship experienced by the applicant's elderly parents in caring for the child should influence the original sentence. The legal principles governing appeals against sentence, particularly regarding the grounds for interference and the discretion of the court, were central to the court's deliberations.
In dismissing the application, the court held that the applicant's unawareness of his partner's pregnancy at the time of sentencing did not constitute a ground for altering the sentence. The court found that the applicant's circumstances, while regrettable, did not meet the stringent criteria required for a sentence variation. The court emphasised that the primary consideration in sentencing is the nature of the offence and the need for deterrence and rehabilitation, rather than the personal hardships of the offender or their family. The court's reasoning underscored the importance of maintaining the integrity of the sentencing process and the principle that sentences should not be altered based on post-sentencing developments, unless they are of a fundamental nature.
The application for sentence variation was dismissed. The court's decision highlighted the need for clear and stringent criteria when considering appeals against sentence, ensuring that personal hardships do not unduly influence the judicial process.
Orders
Orders of the court
Application Dismissed
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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