Trad v R

Case [2009] NSWCCA 56


Reported Decision: 194 A Crim R 20[2010] ALMD 4184

New South Wales


Court of Criminal Appeal

CITATION: Trad v R [2009] NSWCCA 56
HEARING DATE(S): 25 February 2009
 
JUDGMENT DATE: 

11 March 2009
JUDGMENT OF: Grove J at 1; Buddin J at 2; Price J at 3
DECISION: 1. Leave to appeal against sentence be granted
2. Appeal dismissed
CATCHWORDS: Criminal law - sentencing - aggravated car-jacking and robberies in company - assessment of objective seriousness of offences - totality - sentences not manifestly excessive
LEGISLATION CITED: Crimes Act 1900 s 97(1), s 154C(2), s 154H(1)(a),
s 154J, s 188(1)
CATEGORY: Principal judgment
CASES CITED: House v The Queen (1936) 55 CLR 499
Mulato v R [2006] NSWCCA 282
Pearce v The Queen (1998) 194 CLR 610
R v Barker, R v Gibson [2006] NSWCCA 20
R v Fernando [2002] NSWCCA 28
R v Henry (1999) 46 NSWLR 346
R v Johnson [2004] NSWCCA 140
R v MMK (2006) 164 A Crim R 481
R v Way (2004) 60 NSWLR 168
Regina v Cramp [2004] NSWCCA 264
Versluys v R [2008] NSWCCA 76
PARTIES: Hassan Trad
Regina
FILE NUMBER(S): CCA 2007/12737
COUNSEL: W C Terracini SC (Appellant)
L Babb SC (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/21/0203
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 04/04/08




                          2007/12737

                          GROVE J
                          BUDDIN J
                          PRICE J

                          11 March 2009
Trad v R
Judgment

1 GROVE J: I agree with Price J.

2 BUDDIN J: I agree with Price J.

3 PRICE J: The appellant upon arraignment in the District Court on 4 February 2008 pleaded not guilty to counts 1, 2, 3 and 5 on an indictment but guilty to count 4. After a five-day trial, the jury found the appellant guilty of all the counts the subject of the trial. On 4 April 2008 the sentencing Judge imposed the following sentences:

          Count 1 (an offence of robbery in company contrary to s 97(1) of the Crimes Act 1900) to a fixed term of imprisonment of 2 years dating from 11 February 2008 to 10 February 2010. The maximum penalty for this offence is 20 years imprisonment.
          Count 2 (an offence of robbery in company contrary to s 97(1) of the Crimes Act ) to a fixed term of imprisonment of 2 years dating from 11 March 2008 to 10 March 2010.
          Count 3 (an offence of aggravated car-jacking contrary to s 154C(2) of the Crimes Act ) to a term of imprisonment of 8 years consisting of a non-parole period of 5 years dating from 11 May 2008 to 10 May 2013 with a balance of term of 3 years dating from 11 May 2013 to 10 May 2016. The maximum penalty for this offence is 14 years imprisonment with a standard non-parole period of 5 years. The circumstances of aggravation was that the offence was in company.
          Count 4 (an offence of dishonestly interfering with a unique identifier contrary to s 154H(1)(a)…

Continue reading Trad v R

Sign in free to access the full text

Details
AGLC
Trad v R [2009] NSWCCA 56
Case
[2009] NSWCCA 56
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, the case of Trad v The Queen involved the appellant, Trad, who was convicted for his involvement in a series of aggravated car-jackings and robberies while in the company of others. The trial court had sentenced Trad to a total of eight years and three months imprisonment. Trad appealed against his sentence on the basis that it was manifestly excessive. The primary issue before the Court was whether the trial judge had erred in assessing the objective seriousness of the offences and in the application of the principle of totality. The Court was required to determine whether the sentence imposed was disproportionate to the gravity of the crimes committed.

The Court considered the factors relevant to assessing the objective seriousness of the crimes, including the nature of the offences, the degree of premeditation, and the harm caused to the victims. The Court also examined the principle of totality, which requires that the cumulative sentence for multiple offences not be greater than the sum of the appropriate sentences for each individual offence. The Court held that the trial judge had correctly assessed the objective seriousness of the offences and appropriately applied the principle of totality. The Court found that the sentence imposed was not manifestly excessive, taking into account all relevant factors.

In conclusion, the High Court upheld Trad's appeal and dismissed the appeal against sentence. The Court found that the trial judge had correctly applied the principles of sentencing and that the sentence imposed was not manifestly excessive. The Court's decision confirmed that the trial judge had appropriately assessed the objective seriousness of the offences and the principle of totality in determining the appropriate sentence for Trad.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.