Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Ishaq v R [2023] NSWCCA 178 Hearing dates: 12 April 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Before: Adamson JA at [1]
McNaughton J at [2]
Sweeney J at [89]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
Catchwords: CRIME – appeal – appeal against sentence – selling stolen goods on eBay using identity of another person – whether sentence imposed was manifestly excessive – Intensive Correction Order – sentence not manifestly excessive – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW) ss 192E, 192J, 193B, 527C
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A
Criminal Appeal Act 1912 (NSW) s 5
Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
House v The King (1936) 55 CLR 499; [1936] HCA 40
JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528
Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
R v Pullen [2018] NSWCCA 264; (2018) 275 A Crim R 509
Category: Principal judgment Parties: Simon Ishaq (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
A Moutasallem (Applicant)
M Swift (Respondent)
Millennium Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2019/38306 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 20 September 2021
- Before:
- Hanley SC DCJ
- File Number(s):
- 2019/38306
HEADNOTE
[This headnote is not to be read as part of the judgment]
Between 7 September 2018 and 5 February 2019, Mr Simon Ishaq (the applicant) sold stolen goods over the Internet via eBay and other online platforms using the identity of another person, reckless as to those goods being stolen. The applicant was arrested on 4 February 2019.
On 19 May 2021, the applicant pleaded guilty to three offences, those being one count of deal with identification information (contrary to s 192J of the Crimes Act 1900 (NSW)) and two counts of recklessly deal with proceeds of crime (contrary to s 193B(3) of the Crimes Act). Two further offences were dealt with on a Form 1.
On 20 September 2021, the applicant was sentenced by Judge Hanley SC (the sentencing judge) at Parramatta District Court. He received an aggregate sentence of 3 years’ imprisonment to be served by way of an Intensive Correction Order (ICO
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- AGLC
- Ishaq v The King [2023] NSWCCA 178
- Case
- [2023] NSWCCA 178
- Decision Date
CaseChat Overview and Summary
The court considered various factors in determining the appropriate sentence, including the nature of the offence, the appellant's criminal history, and the impact of the crime on the victims. The court noted that the appellant's actions were premeditated and involved the use of deceit, which resulted in significant financial loss for the victims. The court also took into account the appellant's previous criminal record, which included similar offences. The court found that the sentence imposed, which included an Intensive Correction Order, was not manifestly excessive and was proportionate to the gravity of the offence.
In reaching its decision, the court emphasised the importance of deterrence and rehabilitation in sentencing. The court acknowledged that the appellant's actions had caused harm to the victims and that a strong message needed to be sent to deter similar conduct in the future. However, the court also recognised the potential for rehabilitation and the importance of providing the appellant with an opportunity to reform. The court concluded that the sentence imposed achieved these objectives and was therefore appropriate.
The appeal was dismissed, and the sentence imposed by the lower court was upheld. The court found that the sentence was proportionate to the offence and that the appellant had not demonstrated that the sentence was manifestly excessive. The court also noted that the appellant had the right to appeal the conviction itself if they wished to challenge the findings of fact or law.
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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