Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Fahmy v R [2021] NSWCCA 112 Hearing dates: 19 May 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Before: Garling J at [1]
Beech-Jones J at [2]
N Adams J at [49]Decision: (1) Application for extension of time to seek leave to appeal against sentence refused
(2) Leave to appeal against sentence refused
Catchwords: SENTENCING – application for leave to appeal out of time – applicant seeks consideration of time spent in custody on other charges that were later withdrawn – time was considered by sentencing judge – Bugmy – tender of additional evidence to show dysfunctional family background – before sentencing judge applicant contended had strong family support – additional evidence inconsistent with case run before sentencing judge – tender of evidence rejected –leave refused
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Criminal Appeal Act 1912
Evidence Act 1995
Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25
Bugmy v R” (2013) 249 CLR 571; [2013] HCA 37
DAO (No 3) v R [2021] NSWCCA 103
R v Fordham (1997) 98 A Crim R 359
Category: Principal judgment Parties: Amin Fahmy (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Self-represented (Applicant)
Ms S Traynor (Respondent)
Self-represented (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2017/330887 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 28 August 2019
- Before:
- Whitford SC DCJ
- File Number(s):
- 2017/330887
Judgment
-
GARLING J: I agree with Beech-Jones J.
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BEECH-JONES J: This is an application for an extension of time in which to seek leave to appeal against sentence and an application for that leave under s 5(1)(c) of the Criminal Appeal Act 1912.
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Following a judge alone trial, on 5 July 2019, his Honour Judge Whitford SC, found the applicant guilty on an indictment that charged that he did, on 1 November 2017, do an act with the intent to pervert the course of justice contrary to s 319 of the Crimes Act 1900 (NSW).
-
On 28 August 2019, his Honour sentenced the applicant to a term of imprisonment consisting of a non‑parole period of 1 year and 3 months, backdated to commence on 28 May 2018, and expiring on 27 August 2019, with a balance of term of 9 months. Although the non‑parole period for that sentence expired on the day before it was imposed, the applicant remained in custody, bail refused, on other charges.
-
On 5 February 2021, the applicant was sentenced by his Honour Judge Weinstein SC in respect of a charge…
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- AGLC
- Fahmy v The Queen [2021] NSWCCA 112
- Case
- [2021] NSWCCA 112
- Decision Date
CaseChat Overview and Summary
The court found that the sentencing judge had already considered the time Fahmy spent in custody on the other charges and had taken it into account in determining his sentence. The court also rejected the tender of additional evidence, finding that it was inconsistent with the case that had been presented to the sentencing judge. The court held that Fahmy had not demonstrated that he had a strong chance of success on appeal or that there was some other compelling reason to grant leave to appeal out of time. Consequently, the application for leave to appeal was refused.
Orders
Orders of the court
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Background
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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