Baydoun v The King

Case [2024] NSWCCA 65


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Baydoun v R [2024] NSWCCA 65
Hearing dates: 17 April 2024
Date of orders: 08 May 2024
Decision date: 08 May 2024
Before: Wilson J at [1]
Chen J at [2]
Huggett J at [110]
Decision:

(1) Grant leave to appeal;

(2) Allow the appeal;

(3) The aggregate sentences passed in the District Court are confirmed but, in relation to the sentence for the State offences (being counts 4-9 inclusive), is directed to commence on 24 February 2024. The non-parole period will expire on 23 February 2025; the sentence expires on 23 May 2026.

Catchwords:

CRIME – appeals – appeals against sentence – State and Commonwealth fraud-related offences – alleged failure to consider objective seriousness of count 3 – alleged failure to provide adequate reasons for indicative sentence for count 3 – alleged errors established – sentencing judge applied erroneous discount to indicative sentences – sentencing discretion re-exercised – no lesser sentence warranted in law – sentence varied to account for pre-sentence custody – leave to appeal allowed – appeal allowed

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes Act 1914 (Cth)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Criminal Appeal Act 1912 (NSW)

Criminal Code Act 1995 (Cth)

Cases Cited:

Almaouie v R [2021] NSWCCA 274

Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25

Black v R (2022) 107 NSWLR 225; [2022] NSWCCA 17

Christian v R [2021] NSWCCA 300

Delaney v R (2013) 230 A Crim R 581; [2013] NSWCCA 150

DL v The Queen (2018) 265 CLR 215; [2018] HCA 32

Doyle v R (2022) 108 NSWLR 1; [2022] NSWCCA 81

FL v R [2020] NSWCCA 114

Flaherty v R; R v Flaherty (2016) 92 NSWLR 290; [2016] NSWCCA 188

Giles-Adams v The King (2023) 377 FLR 426; [2023] NSWCCA 122

Hildebrand v R (2021) 387 ALR 271; [2021] NSWCCA 9

Hurt v The King [2024] HCA 8

Ilic v R (2020) 103 NSWLR 430; [2020] NSWCCA 300

JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Kresovic v R [2018] NSWCCA 37

Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

R v Cage [2006] NSWCCA 304

R v Campbell [2014] NSWCCA 102

R v Van Ryn [2016] NSWCCA 1

R v West [2014] NSWCCA 250

Ragg v R [2022] NSWCCA 150

Stevens v R (2009) 262 ALR 91; [2009] NSWCCA 260

Stubbings v R [2023] NSWCCA 69

Category:Principal judgment
Parties: Jihad Baydoun (Applicant)
Rex (Respondent)
Representation:

Counsel:
J Glissan KC / A Moutasallem (Applicant)
S Flood / D Mulligan (Respondent)

Solicitors:
Millennium Lawyers (Applicant)
Solicitor for Commonwealth Director of Public Prosecutions (Respondent)
File Number(s): 2021/00040089
Publication restriction: Nil
 Decision under…

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Details
AGLC
Baydoun v The King [2024] NSWCCA 65
Case
[2024] NSWCCA 65
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, Baydoun appealed against his conviction and sentence for various fraud-related offences under both state and Commonwealth legislation. The appellant was convicted of multiple counts of fraud and other related offences, and the primary issue on appeal was the sentence imposed for count 3 of the indictment. The appellant argued that the sentencing judge had failed to adequately consider the objective seriousness of the offence, and that the reasons provided for the indicative sentence were insufficient. Additionally, it was contended that the sentencing judge had applied an erroneous discount to the indicative sentences.

The court examined the sentencing principles and the process undertaken by the sentencing judge. It found that while the sentencing judge had applied an erroneous discount, this did not necessarily establish that the sentence was incorrect. The court further held that even if the errors were established, the exercise of sentencing discretion did not result in a sentence that was unwarranted in law. The court concluded that the overall sentence, including the time spent in pre-sentence custody, was appropriate and did not warrant a lesser sentence. The appeal was allowed on the basis that the sentence for count 3 should be varied to account for the time spent in pre-sentence custody. Leave to appeal was granted, and the appeal was ultimately allowed with the sentence being varied accordingly.

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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