Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Damoun v R [2015] NSWCCA 109 Hearing dates: 20 November 2014 Decision date: 22 May 2015 Before: Simpson J at [1]; Price J at [54]; McCallum J at [55] Decision: (1) Appeal against conviction dismissed;
(2) Leave granted to appeal against sentence;
(3) Appeal against sentence dismissed.Catchwords: APPEAL - conviction - conspiring dishonestly to cause loss to a Commonwealth entity, s 135.4(3) and s 11.5(1) Criminal Code - whether directions of trial judge resulted in miscarriage of justice - timing of entry into conspiracy - expansion of participants within the conspiracy - appeal rejected
APPEAL - sentence - whether trial judge failed to discount the sentence in light of applicant’s offer to facilitate the course of justice - no obligation to give weight to offer - no error found - appeal dismissedLegislation Cited: Criminal Code (Cth), s 11.5(1), s 135.4(3) Cases Cited: Davis v R [2015] NSWCCA 90
De Campos v R [2006] NSWCCA 51
Kentwell v The Queen [2014] HCA 37; 313 ALR 451
R v Elomar [2010] NSWSC 10
Shepherd v The Queen [1990] HCA 56; 170 CLR 573Category: Principal judgment Parties: Dani Damoun (Appellant)
Regina (Respondent)Representation: Counsel:
Solicitors:
D O’Neil (Appellant)
P Neil SC/S T Flood (Respondent)
Moustafa Kheir (Appellant)
J Pheils - Solicitor for Public Prosecutions (Respondent)
File Number(s): 2011/239729 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 14 November 2013
- Before:
- Lakatos DCJ
- File Number(s):
- 2011/239729
Judgment
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SIMPSON J: On 1 May 2013, following a lengthy trial in the District Court, the appellant was convicted of conspiring dishonestly to cause a loss to a Commonwealth entity. That is an offence against s 135.4(3) and s 11.5(1) of the Criminal Code (Cth) and carries a maximum penalty of imprisonment for 10 years. A co-accused, Ali Jomaa, was tried jointly with the appellant, and was also convicted.
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On 14 November 2013 the appellant was sentenced to imprisonment for 3 years and 3 months, commencing on 10 October 2013, with a non-parole period of 2 years and 1 month. The commencement date took account of unrelated existing sentences for offences against state law. The earliest date on which the appellant will be eligible for release on parole is 9 November 2015.
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The appellant now appeals against the conviction, and seeks leave to appeal against the sentence.
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The sole ground on which he appeals against the conviction, and the sole ground on which he seeks leave to appeal against the sentence, are both narrow. In respect of the conviction, he complains that the trial judge left to the jury two possible bases of conviction that were not part of the Crown case. In respect of sentence, he complains that he was not given credit for an expressed willingness to facilitate the administration of justice by cooperating with the Crown so as to shorten the Crown case.
The Crown case
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The indictment was in the following…
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- AGLC
- Damoun v The Queen [2015] NSWCCA 109
- Case
- [2015] NSWCCA 109
- Decision Date
CaseChat Overview and Summary
The court found that the trial judge's directions did not result in a miscarriage of justice. It held that the evidence was sufficient to support Damoun's conviction, including the timing of his entry into the conspiracy and the identification of participants. The court held that the trial judge had correctly assessed the evidence and provided adequate directions to the jury. Regarding the sentencing, the court held that while Damoun's offer to facilitate the course of justice should be considered, the trial judge was not obligated to give it significant weight. The court found no error in the judge's sentencing approach.
Damoun's appeal was rejected, and the conviction and sentence were upheld. The court confirmed that the trial judge's directions and the sentencing process were appropriate, and no miscarriage of justice occurred. Therefore, the appeal was dismissed in its entirety.
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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