Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Abdallah v R [2025] NSWCCA 98 Hearing dates: 23 May 2025 Date of orders: 20 June 2025 Decision date: 20 June 2025 Before: Kirk JA at [1];
Davies J at [2];
Wright J at [3]Decision: (1) The applicant has leave to appeal.
(2) The appeal is dismissed.
Catchwords: CRIME – Appeals – Appeal against sentence – whether sentencing judge failed to take into account mitigating factor of provocation on sentence – findings of fact open to sentencing judge – no error established
CRIME – Appeals – Appeals against sentence – whether offender was entitled to discount for the facilitation of justice pursuant to s 22A Crimes (Sentencing Procedure) Act 1999 (NSW) – factors said to facilitate justice not identified by defence counsel at hearing – no further discount beyond 25% for guilty plea warranted – no error established
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A, 22A
Criminal Appeal Act1912 (NSW), s 5
Cases Cited: Doyle v R (2022) 108 NSWLR 1; [2022] NSWCCA 81
Finnigan v R [2022] NSWCCA 181
Category: Principal judgment Parties: Adam Abdallah (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
T Woods (Applicant)
M Millward (Respondent)
Cordoba Legal (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2023/00137733 Decision under appeal
- Court or tribunal:
- District Court at Sydney
- Jurisdiction:
- Criminal
- Citation:
- Date of Decision:
- 26 February 2025
- Before:
- Noman SC DCJ
- File Number(s):
- 2023/00137733
HEADNOTE
[This headnote is not to be read as part of the judgment]
The applicant pleaded guilty in the New South Wales District Court to the offence of recklessly causing grievous bodily harm and was sentenced to a term of imprisonment of 2 years and 3 months with a non-parole period of 1 year and 2 months. He was initially charged with causing grievous bodily harm with intent to cause grievous bodily harm and the offence for which he was ultimately convicted and sentenced was charged as an offence in the alternative. The applicant was committed to stand trial in the District Court for the more serious offence. He had offered to plead guilty to the lesser offence in the Local Court but his plea was not accepted then. At a “super callover” in the District Court, the applicant’s plea was accepted and as a result he was entitled to a 25% discount on his sentence.
The applicant sought leave to appeal the sentence imposed on him on two grounds:
1. The sentencing Judge erred by finding that the victim’s provocative conduct did not significantly mitigate the applicant’s conduct.
2. The sentencing Judge erred in failing to address a submission that the penalty should…
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- AGLC
- Abdallah v The King [2025] NSWCCA 98
- Case
- [2025] NSWCCA 98
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the sentencing judge had erred in not considering provocation as a mitigating factor and whether Abdallah was entitled to a further discount for facilitating justice. The court needed to determine if the findings of fact made by the sentencing judge were open to him and if there was any error in the application of the law in relation to the sentencing discount.
The court found that the sentencing judge had not erred in not considering provocation as a mitigating factor because the findings of fact were open to the judge. The court also determined that Abdallah was not entitled to a further discount for facilitating justice as the factors said to facilitate justice had not been identified by the defence counsel at the hearing. The court held that no error had been established in either of these matters. Consequently, the appeal was dismissed, and the original sentence stood.
No further orders were made by the court.
Orders
Orders of the court
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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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