R v Jajou

Case [2009] NSWCCA 167


NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION:
R v Fadi JAJOU; R v Maher JEBARA; R v Sam LAFTA [2009] NSWCCA 167

FILE NUMBER(S):
2008/10989
2008/10991
2008/10925

HEARING DATE(S):
4 June 2009

JUDGMENT DATE:
26 June 2009

PARTIES:
Regina (Appellant)
Fadi Jajou (Respondent)
Maher Jebara (Respondent)
Sam Lafta (Respondent)

JUDGMENT OF:
Campbell JA Latham J Harrison J   

LOWER COURT JURISDICTION:
District Court

LOWER COURT FILE NUMBER(S):
2008/11/0683
2008/11/0681
2008/11/0682

LOWER COURT JUDICIAL OFFICER:
Tupman DCJ

LOWER COURT DATE OF DECISION:
6 March 2009 (date of sentence)

COUNSEL:
D L M Woodburne SC (Appellant)
J I Ghabrial (Respondents)

SOLICITORS:
S Kavanagh, Solicitor for Public Prosecutions (Appellant)
M Abboud (Respondents)

CATCHWORDS:
CRIMINAL LAW – sentence – Crown appeal against inadequacy of sentences imposed on three offenders for two counts of armed robbery of convenience store – sentences of two years in each case to be served concurrently and wholly suspended – whether manifestly inadequate – whether sentences resulting from demonstrated error having regard to Henry guidelines – sentences manifestly inadequate – offenders resentenced to effective non-parole periods of 18 months

LEGISLATION CITED:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912

CATEGORY:
Principal judgment

CASES CITED:
Daniels v R [2007] NSWCCA 372
Dieguez v R [2008] NSWCCA 147
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
DJL v Central Authority [2000] HCA 17; (2000) 201 CLR 226
Everett v R [1994] HCA 49; (1994) 181 CLR 295
Mulato v R [2006] NSWCCA 282
Pearce v The Queen [1998] HCA 57, (1998) 194 CLR 610
R v AEM [2002] NSWCCA 58
R v Baker [2000] NSWCCA 85
R v Bavadra [2000] NSWCCA 292, (2000) 115 A Crim R 152
R v Broxham (Court of Criminal Appeal, 3 April 1986, unreported)
R v Chamma [2009] NSWCCA 92
R v Hallocoglu (1992) 29 NSWLR 67
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346
R v Holder; R v Johnston [1983] 3 NSWLR 245
R v Horne [1999] NSWCCA 391
R v House [2005] NSWCCA 88
R v Reynolds [2004] NSWCCA 51
R v Sharma [2002] NSWCCA 142, (2002) 54 NSWLR 300
R v Spiero (1979) 22 SASR 543
R v Stefanovski (Court of Criminal Appeal, 9 June 1994, unreported)
R v Tait (1979) 24 ALR 473
R v Tortell; R v Tsegay [2007] NSWCCA 313
R v Underhill (Court of Criminal Appeal, 9 May 1986, unreported)
R v Wall [2002] NSWCCA 42 at [70], (2002) 71 NSWLR 692
R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 252
R v Wilson [2005] NSWCCA 219
R v XX [2009] NSWCCA 115
R v Zamagias [2002] NSWCCA 17
Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584

TEXTS CITED:

DECISION:
In each matter:
1. Appeal allowed.
2. Quash the sentences imposed upon the respondent by her Honour Tupman DCJ on 6 March 2009.
3. In lieu thereof the respondent is sentenced on the first charge to a…

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Details
AGLC
R v Fadi Jajou; R v Maher Jebara; R v Sam Lafta [2009] NSWCCA 167
Case
[2009] NSWCCA 167
Decision Date

CaseChat Overview and Summary

The appeal in R v Jajou involved three offenders, who were sentenced by a lower court for their involvement in two counts of armed robbery of a convenience store. The Crown sought to appeal the sentences imposed by the lower court, arguing that the sentences were manifestly inadequate. The offenders were each sentenced to two years imprisonment to be served concurrently and wholly suspended. The High Court of Australia was tasked with determining whether the sentences were indeed manifestly inadequate and whether they resulted from a demonstrated error, in light of the Henry guidelines.

The legal issues before the Court were whether the sentences were manifestly inadequate and whether they resulted from a demonstrated error. The Court considered the principles set out in R v Henry, which emphasise the importance of considering the seriousness of the offence and the need for general and specific deterrence. The Court also had to assess whether the sentences were in line with the sentencing principles and guidelines in Australia.

The Court found that the sentences were manifestly inadequate and resulted from a demonstrated error. The Court considered the seriousness of the offences, the need for general and specific deterrence, and the need for consistency in sentencing. The Court held that the sentences imposed by the lower court did not adequately reflect the seriousness of the offences and did not serve the purposes of general and specific deterrence. The Court further found that the sentences were not in line with the Henry guidelines, which require a more severe sentence for such offences. Consequently, the Court resentenced the offenders to effective non-parole periods of 18 months each.

The Court ordered that the offenders be resentenced to effective non-parole periods of 18 months to be served concurrently. The Court held that the original sentences were manifestly inadequate and did not serve the purposes of sentencing, and that the resentenced terms were necessary to ensure general and specific deterrence and to maintain consistency in sentencing.

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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