Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Al Maouie v R [2022] NSWCCA 30 Hearing dates: 09 February 2022 Date of orders: 07 March 2022 Decision date: 07 March 2022 Before: Payne JA at [1]
Rothman J at [2]
Harrison J at [5]Decision: (1) Pursuant to s 10(1)(b) of the Criminal Appeal Act 1912, extend the time for the filing of the applicant’s notice of appeal to 17 September 2021.
(2) Grant leave to appeal against sentence.
(3) Allow the appeal against sentence.
(4) Quash the sentence imposed upon the applicant by Bellew J on 3 November 2017 and in lieu thereof sentence the applicant to imprisonment for 8 years comprising a non-parole period of 6 years commencing on 23 December 2015 and expiring on 22 December 2021 with a balance of term of 2 years expiring on 22 December 2023.
(5) Pursuant to s 105A.23 of the Criminal Code, the applicant is warned that an application may be made for a continuing detention order requiring him to be detained after the completion of his sentence.
Catchwords: CRIMINAL LAW – appeal – appeal against sentence – making documents connected with preparation for a terrorist act – whether sentencing judge erred in failing to have regard to the utilitarian value of the plea of guilty – need independently to re-exercise the sentencing discretion
Legislation Cited: Crimes Act 1914 (Cth), ss 3, 16A(2)(g), 19AG, 19ALB
Criminal Appeal Act 1912 (NSW), ss 5(1)(c), 10(1)(b)
Criminal Code Act 1995 (Cth), ss 11.5, 101.5(1), 101.6(1), 105C
Cases Cited: Ghazzawy v R (Cth) [2021] NSWCCA 70
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Khalid v R (2020) 102 NSWLR 160; [2020] NSWCCA 73
R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102
R v Durocher-Yvon (2003) 58 NSWLR 581; [2003] NSWCCA 299
R v FarhadQaumi [2017] NSWSC 774
Category: Principal judgment Parties: Mohamed Al Maouie (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
T Anderson SC (Applicant)
B Power (Respondent)
Legal Aid (NSW) (Applicant)
Commonwealth Director of Public Prosecutions (Respondent)
File Number(s): 2015/376727 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of NSW
- Jurisdiction:
- Criminal
- Citation:
- Date of Decision:
- 3 November 2017
- Before:
- Bellew J
- File Number(s):
- 2015/376727
Judgment
-
PAYNE JA: I agree with Harrison J.
-
ROTHMAN J: I agree with orders proposed by Harrison J and generally with his Honour’s reasons. Apart from that which follows, I agree fully with his Honour’s reasons.
-
I do not consider that the words used by the applicant are incomprehensible. Nor do I accept, when dealing with a document compiled by a number of persons, that the words used by one of them should be read otherwise than in the context of the document as a whole,…
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- Case
- [2022] NSWCCA 30
- Decision Date
CaseChat Overview and Summary
The court examined the principles surrounding the consideration of a guilty plea in sentencing. It acknowledged that a guilty plea can have significant utilitarian value, such as reducing the cost of trials and conserving judicial resources. The court found that while the sentencing judge acknowledged the appellant's guilty plea, there was an insufficient exploration of the utilitarian benefits. The court concluded that the failure to adequately consider these benefits amounted to an error in the sentencing process.
In light of the identified error, the court exercised its discretion to independently re-evaluate the sentence. The court found that the original sentence did not fully reflect the utilitarian value of the appellant's guilty plea. Consequently, the court varied the sentence to better align with the principles of sentencing and the recognised benefits of a guilty plea.
The High Court reduced the sentence imposed on Al Maouie, reflecting the need for proper consideration of the utilitarian value of his plea. The revised sentence was deemed more appropriate in light of the court's independent re-exercise of its sentencing discretion.
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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