Issa v The Queen

Case [2017] NSWCCA 188


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Issa v R [2017] NSWCCA 188
Hearing dates: 21 July 2017
Decision date: 02 August 2017
Before: Hoeben CJ at CL at [1]
Adamson J at [2]
Bellew J at [104]
Decision:

(1) Leave to appeal granted.
(2) Appeal dismissed.

Catchwords:

CRIMINAL LAW – appeal against aggregate sentence – damage to property intending thereby to pervert the course of justice – whether De Simoni principle infringed by taking into account foresight of consequences of damage to property – HELD – principle not infringed because more serious offences (ss 196 and 198 of Crimes Act 1900 (NSW)) require intention to cause consequences; recklessness as to consequences insufficient

  STATUTORY INTERPRETATION – relevance of Second Reading Speech – can be used to construe provision but not determinative – express words of statute guide to legislative intent
Legislation Cited: Crimes Act 1900 (NSW), ss 18, 35, 112, 195, 196, 198, 319
Crimes Amendment Act 2007 (NSW), Sch 1
Crimes (Criminal Destruction and Damage) Amendment Act 1987 (NSW), Sch 1
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 44, 53A, 54B
Criminal Procedure Act 1986 (NSW), ss 20, 27, 166, 168, 268
Interpretation Act 1987 (NSW), s 34
Cases Cited: Baines v R [2016] NSWCCA 132
Caristo v R [2011] NSWCCA 7
Cassidy v R [2012] NSWCCA 68
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
Elias v The Queen; Issa v The Queen (2013) 248 CLR 483; [2013] HCA 31
Josefski v R [2010] NSWCCA 41; (2010) 217 A Crim R 183
Magaming v The Queen (2013) 252 CLR 381; [2013] HCA 40
Mulato v R [2006] NSWCCA 282
Mundine v R [2017] NSWCCA 97
Nasser v R [2017] NSWCCA 104
R v Chisari [2006] NSWCCA 19
R v Teremoana (1990) 54 SASR 30
R v Doan (2000) 50 NSWLR 115; [2000] NSWCCA 317
The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31
Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460
Texts Cited: Second Reading Speech (New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 28 October 1987
Category:Principal judgment
Parties: Bill Issa (Applicant)
Regina (Respondent)
Representation:

Counsel:
M C Ramage QC (Applicant)
N Adams (Respondent)

  Solicitors:
Jeffreys Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2013/26099 and 2013/245291
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
22 February 2016
Before:
Zahra DCJ
File Number(s):
2013/26099 and 2013/245291

Judgment

  1. HOEBEN CJ at CL: I agree with Adamson J. I particularly agree with her Honour’s analysis of the mental element required for offences contrary to ss 195, 196 and 198 of the Crimes Act 1900 (NSW).

  2. ADAMSON J: The applicant seeks leave to appeal against the aggregate sentence imposed on him by Zahra SC DCJ in the District Court at Sydney on 22 February 2016.

  3. The applicant was found guilty after…

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AGLC
Issa v The Queen [2017] NSWCCA 188
Case
[2017] NSWCCA 188
Decision Date

CaseChat Overview and Summary

The appellant, Issa, was found guilty of damaging property with the intention to pervert the course of justice. He appealed against his aggregate sentence, arguing that the principle set out in De Simoni was infringed by the trial judge's consideration of the consequences of the damage to property. The case was heard by the High Court of Australia. Issa contended that the trial judge erred in taking into account the foresight of the consequences of the damage to property, arguing that this infringed the principle set out in De Simoni. He also argued that the trial judge incorrectly interpreted the relevant statutory provisions by considering the Second Reading Speech.

The High Court considered whether the principle in De Simoni was infringed by the trial judge's consideration of the consequences of the damage to property. The Court found that the principle was not infringed because the more serious offences under sections 196 and 198 of the Crimes Act 1900 (NSW) require an intention to cause the consequences, whereas recklessness as to the consequences is insufficient. The Court also found that the Second Reading Speech could be used to construe the statutory provisions but was not determinative of legislative intent. The express words of the statute were the best guide to legislative intent.

The appeal was dismissed by the Court. The Court found that the trial judge did not err in taking into account the foresight of the consequences of the damage to property, and that the Second Reading Speech was not determinative of legislative intent. The express words of the statute were the best guide to legislative intent, and the trial judge's interpretation of the statutory provisions was correct. The Court upheld the appellant's aggregate sentence.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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