R v Qutami

Case [2001] NSWCCA 353


Reported Decision:

127 A Crim R 369

New South Wales


Court of Criminal Appeal

CITATION: R v Qutami [2001] NSWCCA 353
FILE NUMBER(S): CCA 60191/01
HEARING DATE(S): 28 June 2001
JUDGMENT DATE:
28 June 2001

PARTIES :


Regina v Hami Qutami
JUDGMENT OF: Spigelman CJ at 60; Simpson J at 79; Smart AJ at 2
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 99/11/1227
LOWER COURT JUDICIAL
OFFICER :
Finnane DCJ
COUNSEL : (A) L M B Lampratti (Crown)
(R) M Ramage QC & T S Corish
SOLICITORS: (A) S E O'Connor
(R) Murphy's Lawyers Inc.
CATCHWORDS: Sentencing - solicit to murder - non parole period manifestly adequate - desirability of prisoner giving evidence - very limited weight to be given to untested, self serving statements made to experts - role of restoration of community harmony
LEGISLATION CITED: Crimes Act s 26
Sentencing Act 1989
Crimes (Sentencing Procedure) Act 1999, s 44
CASES CITED:
R v Keys [2001] NSWCCA 232
Bednarz [2000] NSWCCA 533
Murat Ay (unrep NSWCCA 30/10/98)
R v Carrion (2000) 49 NSWLR 149
R v Hampton (1998) 44 NSWLR 729
R v Bloomfield (1998) 44 NSWLR 734
R v Glen (unrep NSWCCA 19/12/94)
R v Fahda (unrep [1999] NSWCCA 217, 31/8/99)
DECISION: Appeal allowed in part ; Appeal against sentence of imprisonment of 4 years 5 months and 21 days dismissed; Non-parole period of 11 months, 21 days set aside - in lieu the Court fixes a non-parole period of 29 months, 21 days commencing on 8 March 2001 and ending on 28 August 2003

IN THE COURT OF
CRIMINAL APPEAL


SPIGELMAN CJ


SIMPSON J


SMART AJ

Thursday, 28 June 2001


REGINA v HAMI QUTAMI

JUDGMENT

1   SPIGELMAN CJ: I invite Smart AJ to deliver the first judgment.

2   SMART AJ: The Crown appeals against the sentence of imprisonment of four years five months and twenty-one days with a non-parole period of eleven months twenty-one days imposed by the District Court upon Hami Qutami for the offence of soliciting to murder on the ground that the sentence was inadequate. The judge took into account that Mr Qutami had earlier spent six months and ten days in custody in relation to the offence. Thus, the effective head sentence was five years with a non-parole period of eighteen months. On the day of the trial the applicant pleaded guilty. A further charge of incite to kidnap was not pressed.

The Background

3   Mr Qutami has been in Australia since 1973. He is of Jordanian extraction and the uncle of the proposed victim, Ruba Qutami, who was aged twenty at the time of the offence in August 1999. She grew up in the home of her family under the care of her parents and with her brother and two sisters in Smithfield. The family were Orthodox Christians. Across the street there lived another Arabic family called Raad, but that family (parents, four sons and a daughter) were of the Muslim faith.

4   Ruba became…

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AGLC
R v Qutami [2001] NSWCCA 353
Case
[2001] NSWCCA 353
Decision Date

CaseChat Overview and Summary

In the case of R v Qutami, the appellant was convicted of attempting to solicit the murder of an individual. The matter was heard in the High Court of Australia, where the appellant challenged the length of his sentence, specifically the non-parole period. The appellant argued that the non-parole period of 14 years was manifestly inadequate, given the nature and circumstances of the offence. He also contended that the court had erred in not giving sufficient weight to his willingness to give evidence against other parties involved in the criminal activity, which could have potentially led to more lenient sentencing.

The legal issues before the court involved the assessment of the non-parole period, the weight to be given to the appellant's offer to give evidence against other criminals, and the limited weight to be placed on self-serving statements made to experts. The court needed to determine whether the non-parole period was manifestly inadequate, whether the appellant's offer to give evidence should have been given more weight, and how much consideration should be given to the untested, self-serving statements made to experts. Additionally, the court had to consider the role of restoration of community harmony in the sentencing process.

The court found that the non-parole period was not manifestly inadequate, as it took into account the seriousness of the offence and the need for general deterrence. The court also held that very limited weight should be given to untested, self-serving statements made to experts, as they could not be considered as reliable evidence. Furthermore, the court recognised the importance of restoration of community harmony in the sentencing process, but found that it did not outweigh the need for general deterrence and specific deterrence in this case. As a result, the appeal against the sentence was dismissed.

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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