El-Jalkh v R

[2011] NSWCCA 236

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Parity
4. › Co-offenders sentenced by same judge
5. › Whether applicant has justifiable sense of grievance
6. › Where co-offender's sentence reflected totality of multiple offences
1. Criminal Law
2. › Appeal against sentence
3. › Medical condition of offender
4. › Whether medical condition taken into account for head sentence as well as non-parole period
5. › Whether sentencing discretion miscarried
1. Criminal Law
2. › Appeal against sentence
3. › Fresh evidence
4. › Post-sentence deterioration of medical condition
5. › Whether deterioration was foreshadowed at time of sentencing
6. › Whether fresh evidence warrants lesser sentence
1. Criminal Law
2. › Appeal against sentence
3. › Failure of prison authorities to provide medical treatment
4. › Whether failure constitutes basis for appellate intervention
5. › Distinction between judicial and administrative functions
6. › Crimes (Administration of Sentences) Act 1999, s 72A

Quick Take

A submission that a sentencing judge gave insufficient weight to a medical condition requires identification of a specific House v The King error; general assertions of insufficient weight are insufficient. Post-sentence deterioration of a medical condition does not warrant appellate intervention where the deterioration was foreshadowed at the time of sentencing. Failure of prison authorities to provide adequate medical treatment remains a matter for the executive government, not an appellate court, following Vachalec.