Saraya v The Queen

Saraya v The Queen involved an appeal against the sentence imposed by the sentencing judge on the appellant, who was convicted of aggravated enter dwelling house with intent to commit a serious indictable offence. The appellant argued that the sentencing judge erred in assessing the objective seriousness of the offence by considering certain elements as aggravating features. Specifically, the appellant contended that the sentencing judge "double counted" by considering both the fact that the offenders were armed with knives and that the entry was an effective invasion of a domestic dwelling at night. The appellant further argued that the sentence imposed was manifestly excessive, given that the offence was found to be above the mid-range of objective seriousness and there was a lack of a favourable subjective case.

The court considered whether the sentencing judge erred in assessing the objective seriousness of the offence by taking into account the type of weapon used and the nature of the entry into the dwelling. The court held that it was necessary for the sentencing judge to have regard to these factors in determining the gravity of the offence. The court also considered whether the sentence imposed was manifestly excessive. The court held that the sentence was not manifestly excessive, given that the offence was found to be above the mid-range of objective seriousness and there was a lack of a favourable subjective case. The court found no error in the sentencing judge's assessment of the objective seriousness of the offence or in the sentence imposed.

The appeal was dismissed, and the sentence imposed by the sentencing judge was upheld. The court held that the sentencing judge did not err in assessing the objective seriousness of the offence or in imposing the sentence. The court found that the sentence was not manifestly excessive, given the nature of the offence and the lack of a favourable subjective case. The appellant's appeal was therefore dismissed, and the sentence imposed by the sentencing judge was upheld.