SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Samani v The Queen |
Citation: | [2016] ACTCA 48 |
Hearing Date(s): | 12 September 2016 |
DecisionDate: | 12 September 2016 |
Before: | Refshauge ACJ |
Decision: | 1. The sentence imposed on Daryoush Samani on 9 August 2016 be stayed pending the hearing of the appeal. 2. That Daryoush Samani be granted bail on the following conditions: (a) That he prosecute the appeal diligently; (b) That he provide a surety in the sum of $1000; (c) That he not commit any offences punishable by imprisonment; (d) That he reside at 2 Fairydale Street, Harrison, ACT, except when working in Sydney; (e) That he report to the officer in charge of the Gungahlin Police Station each Sunday between the hours of 8:00am and 8:00pm; and (f) That he surrender his passport to the Registrar of the Supreme Court of the ACT. |
Catchwords: | APPEAL – CRIMINAL LAW – Manifestly excessive sentence – guilty plea – no prior convictions – general deterrence relevant factor – consideration of sentencing options – intensive correction order – requirements for a stay and bail – prospects of success of appeal – special or exceptional circumstances – expedited hearing – sentence stayed – bail granted |
Legislation Cited: | Bail Act 1992 (ACT), s 9E Crimes (Sentencing) Act 2005 (ACT), ss 10, 11, 12, 17, Pt 3.2 Explanatory Statement, Crimes (Sentencing and Restorative Justice) Amendment Bill 2015 (ACT) |
Cases Cited: | Alexander v Cambridge Credit Corporation (1985) 2 NSWLR 685 Attorney-General (Qld) v Farden [2011] QCA 111 |
Texts Cited: | Australian Capital Territory, Parliamentary Debates, Legislative Assembly, 30 October 2014 Australian Capital Territory, Parliamentary Debates, Legislative Assembly, 19 November 2015 |
Parties: | Daryoush Zargari Samani (Appellant) The Queen (Respondent) |
Representation: | Counsel Mr K Archer (Appellant) Ms E Beljic (Respondent) |
| Solicitors Rachel Bird & Company (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number(s): | ACTCA 32 of 2016 |
Decision under appeal: | Court/Tribunal: ACT Supreme Court Before: Burns J Date of Decision: 9 August 2016 Case Title: R v Samani Citation: [2016]… |
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- AGLC
- Samani v The Queen [2016] ACTCA 48
- Case
- [2016] ACTCA 48
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed was demonstrably excessive, warranting intervention on appeal. This required the court to consider the relevant sentencing principles, including the weight to be given to general deterrence, the availability and appropriateness of alternative sentencing options such as an intensive correction order, and the specific circumstances of the offender. The court also had to determine whether the applicant had established special or exceptional circumstances justifying a stay of the sentence and the grant of bail pending the determination of the appeal.
The court reasoned that the sentence imposed appeared to be manifestly excessive, particularly when viewed against the applicant's personal circumstances and the sentencing options available. The court considered the prospects of success on appeal to be sufficiently strong to warrant granting a stay of the sentence and admitting the applicant to bail. The conditions of bail were tailored to ensure the applicant's diligent prosecution of the appeal, prevent further offending, and maintain community safety.
Consequently, the court ordered that the sentence imposed on Daryoush Samani be stayed pending the hearing of the appeal. The applicant was also granted bail subject to a number of conditions, including the diligent prosecution of the appeal, the provision of a surety, a prohibition on committing further offences, specified residency and reporting requirements, and the surrender of his passport.
Orders
Orders of the court
1. The sentence imposed on Daryoush Samani on 9 August 2016 be stayed pending the hearing of the appeal.
2. That Daryoush Samani be granted bail on the following conditions:
(a) That he prosecute the appeal diligently;
(b) That he provide a surety in the sum of $1000;
(c) That he not commit any offences punishable by imprisonment;
(d) That he reside at 2 Fairydale Street, Harrison, ACT, except when working in Sydney;
(e) That he report to the officer in charge of the Gungahlin Police Station each Sunday between the hours of 8:00am and 8:00pm; and
(f) That he surrender his passport to the Registrar of the Supreme Court of the ACT.
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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