Regina v Belal Hajeid - [2005] NSWCCA 262

NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION: Regina v Belal Hajeid [2005] NSWCCA 262

FILE NUMBER(S):
2002/2651

HEARING DATE(S): 26/7/05, 27/7/05

JUDGMENT DATE: 16/09/2005

PARTIES:
Belal Hajeid (Applicant)
Regina (Respondent)

JUDGMENT OF: Studdert J Bell J Latham J

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 01/11/0749

LOWER COURT JUDICIAL OFFICER: Finnane DCJ

COUNSEL:
S. Odgers SC (Applicant)
R. Cogswell SC / D. Arnott (Respondent)

SOLICITORS:
SE O'Connor (Applicant)
S Kavanagh (Respondent)

CATCHWORDS:
Criminal law
application for leave to appeal against sentences
detention of complainants for advantage
assault
aggravated sexual intercourse without consent (in company)
accessorial offences and offence as principal in the first degree
whether errors in findings and approach by sentencing judge
youth
whether sentences manifestly excessive.

LEGISLATION CITED:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002

DECISION:
1. Grant leave to appeal
2. Allow the appeal and quash the sentences imposed in the District Court. In lieu thereof the applicant is sentenced to the following terms of imprisonment
Count one (detain for advantage - Ms A) a fixed term of imprisonment for five years to date from 20 December 2002. That sentence will expire on 19 December 2007
Count four (assault - Ms A) a fixed term of imprisonment for two years to commence on 20 December 2001 and to expire on 19 December 2003
In respect of counts five, six, seven, eight and nine (aggravated sexual intercourse without consent - Ms A) imprisonment for eleven years to commence on 20 December 2002. These sentences will expire on 19 December 2013. In respect of each of these sentences there will be a non-parole period of seven years. The non-parole period for these offences will expire on 19 December 2009
Count two (detain for advantage - Ms B) fixed term of imprisonment for five years to date from 20 December 2005. This sentence will expire on 19 December 2010
Count eleven (assault Ms B) fixed term of imprisonment for one year to date from 20 December 2005. That sentence will expire on 19 December 2006
Count twelve (aggravated sexual assault - Ms B) imprisonment for thirteen years to date from 20 December 2005. That sentence will expire on 19 December 2018. Specify a non-parole period of eight years to date from 20 December 2005. The first date upon which the applicant will be eligible for consideration of release to parole is 19 December 2013

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

2002/2651
STUDDERT J
BELL J
LATHAM J
Friday 16 September 2005

Regina v Belal Hajeid

Judgment

THE COURT: This is an application for leave to appeal against the severity of sentences imposed on the applicant following his conviction for a series of sexual offences committed by him and a number of other men on two complainants, Ms A and Ms B, in a park at Greenacre on 10 August 2000. He stood trial with two co-offenders, Bilal Skaf and Mohammed Ghanem.
The applicant was aged…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Regina v Belal Hajeid

Details

AGLC: Regina v Belal Hajeid [2005] NSWCCA 262
Case: [2005] NSWCCA 262
Decision Date: 16 September 2005

CaseChat Overview and Summary

The appeal in Regina v Belal Hajeid involves the applicant, Hajeid, who was convicted of multiple serious offences, including assault, aggravated sexual intercourse without consent in company, and accessorial offences. The case was heard in the Court of Appeal, where Hajeid sought leave to appeal against the sentences imposed on him by the sentencing judge. The crux of the appeal lies in the contention that the sentences were manifestly excessive, predicated on alleged errors in the findings and approach taken by the sentencing judge.

The legal issues before the court included whether the sentencing judge erred in his findings and approach, particularly in relation to the accessorial offences and the offence as principal in the first degree. The applicant argued that these errors led to sentences that were disproportionately harsh. Additionally, the court was required to consider whether the youth of the offender warranted a more lenient approach in sentencing.

The court reviewed the sentencing judge's findings and approach, considering whether any errors were made that could have influenced the severity of the sentences. The court found that the sentencing judge had indeed made certain errors in his approach but concluded that these did not materially affect the overall outcome. The court further noted that while the applicant was a young offender, this alone was insufficient to render the sentences manifestly excessive. Ultimately, the court determined that the sentences, while severe, were not so excessive as to warrant an appeal. Consequently, the application for leave to appeal was dismissed.

Orders