The Queen v Haji–Noor [2007] NTCCA 7
PARTIES:THE QUEEN
v
HAJI–NOOR, RAMILE ROBERT
TITLE OF COURT: COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: CRIMINAL APPEAL FROM THE SUPREME COURT EXERCISING TERRITORY JURISDICTION
FILE NO:CA 15/2006 (20603584)
DELIVERED: 18 MAY 2007
HEARING DATES: 2 MARCH 2007
JUDGMENT OF: ANGEL, MILDREN, THOMAS, RILEY
& SOUTHWOOD JJ
APPEAL FROM: MARTIN (BR) CJ – SENTENCE ON
2 AUGUST 2006
CATCHWORDS:
Criminal Law – offences against the person – intentionally cause grievous harm – Crown appeal against sentence – manifestly inadequate
Criminal Law – offences against the person – aggravated assault – domestic violence – history of offending – Crown appeal against sentence – manifestly inadequate
Criminal Law – sentencing – Crown appeal against sentence – multiple offences – concurrency of sentence – reflection of overall criminal conduct – principle of totality
Criminal Law – sentencing – general principles – proportionality – prior criminal history – relevance
Criminal Law – sentencing – Crown appeal against sentence – restoration of suspended sentence – failure to fix non-parole period in relation to – whether a “sentence of imprisonment” – “Sentencing order” – Sentencing Act (NT) s 7(g), 43(5), 53
Statutes Referred to:
Criminal Code (NT) s 177(a), 188(1), 188(2)(a), 188(2)(b), 188(2)(m), 410
Misuse of Drugs Act (NT) s 9(1), 9(2)(f)(i)
Sentencing Act (NT) s 5, 5(2)(e), 6, 6A, 7, 7(g), 7(k), 40, 40(5), 40(8), 42, 42(1), 43, 43(1), 43(4A), 43(5), 43(5)(c), 43(5)(d), 43(5)(e), 43(5)(ea) 43(5)(f), 43(6), 43(7), 53, 53(1), 53(1)(b), 53(2), 53A, 54, 55, 55A, 57, 113
Supreme Court Act (NT) s 21
Cases Cited:
Botany Municipal Council v Jackson (1985) 2 NSWLR 1
Cranssen v The King (1936) 55 CLR 509
Director Of Public Prosecutions v Grabovac (1998) 1 VR 664
Glenn v Dixon [2005] NTSC 33
Iddon & Crocker (1987) 32 A Crim R 315
Kennedy v Spratt [1972] AC 83
Kotis v R [2005] NTCCA 13
Markarian v R (2005) 79 ALJR 1048
R v Carngham (1978) 140 CLR 487
R v Governor of Pentridge; Ex parte Arthur [1979] VR 304
R v Hardy [1946] NZLR 22
R v Harman [1959] 2 QB 134
R v Hayden [1975] 1 WLR 852
R v Jones [1929] 1 KB 211
R v McNaughton (2006) 163 A Crim R 381
R v Newton [1973] 1 WLR 233; [1973] 1 All ER 758
R v Osenkowski (1982) 30 SASR 212
R v Riley (2006) 161 A Crim R 414
R v Shrestha (1990-1991) 173 CLR 48
R v Walsh (1999) SCC 9620407
R v Wright & Pope [1980] VR 41
The Queen v Inkamala [2006] NTCCA 11
The Queen v Stephen Day [2004] NTCCA 2
Veen No 2 (1988) 164 CLR 465
Walker v The Queen [2001] NTSC 69
Weininger v The Queen (2003) 212 CLR 629
Winsor v Boaden (1953) 90 CLR 345
Ziderman v Dental Council [1976] 1 WLR 330 (PC)
REPRESENTATION:
Counsel:
Appellant:R Coates with Dr N Rogers
Respondent: S Cox QC with R Goldflam
Solicitors:
Appellant:Office of the Director of Public…
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- AGLC
- R v Haji-Noor [2007] NTCCA 7
- Case
- [2007] NTCCA 7
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Full Court of the Supreme Court of South Australia was whether the original sentence for intentionally causing grievous harm was manifestly inadequate, thereby justifying a Crown appeal against sentence. The court was required to consider the principles governing appeals against sentence and to determine an appropriate sentence having regard to the gravity of the offence and the respondent's criminal history.
The Full Court reasoned that the sentencing judge had erred in failing to give sufficient weight to the objective seriousness of the offence of intentionally causing grievous harm and the respondent's prior convictions for similar violent offences. The court applied the principle that sentences must reflect the gravity of the offence and serve the purposes of punishment, deterrence, and rehabilitation. In light of these considerations, the court found the original sentence to be manifestly inadequate.
The appeal was allowed. The 7 years and 6 month sentence for intentionally causing grievous harm was set aside and replaced with a sentence of 12 years imprisonment. The appeal against the sentence for aggravated assault was dismissed. The sentences for all charges were ordered to be served concurrently, with a total effective sentence of 12 years imprisonment and a non-parole period of 6 years and 6 months, back-dated to 5 February 2006.
Orders
Orders of the court
1. The appeal is allowed and the 7 years and 6 month sentence with respect of the intentionally causing grievous harm charge is set aside; 2. The respondent is resentenced to 12 years imprisonment in respect of the intentionally causing grievous harm charge; 3. The appeal from the 2 years and 6 month sentence with respect of the aggravated assault charge is dismissed; 4. The 12 year sentence with respect to the intentionally causing grievous harm charge, the 2 years and 6 month sentence with respect to the aggravated assault charge and the 9 month sentence with respect to the cannabis charge be served concurrently; 5. The respondent is to serve 12 months of the 15 month restored sentence before serving the sentences in 4 above; 6. Fix a non-parole period of 6 years and 6 months, the sentence and non-parole period are back-dated to commence on 5 February 2006.
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
Established by: RILEY J, THOMAS J
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