NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: Itaoui v Regina [2006] NSWCCA 273
FILE NUMBER(S):
2006/815
HEARING DATE(S): 28/08/06
DECISION DATE: 07/09/2006
PARTIES:
Ahmed Itaoui v Regina
JUDGMENT OF: Spigelman CJ Whealy J Howie J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3187
LOWER COURT JUDICIAL OFFICER: Sides DCJ
COUNSEL:
Mr D. Baran - Applicant
Ms J. Girdham - Crown/Respondent
SOLICITORS:
M. Dorrough - Applicant
S. Kavanagh (DPP) - Crown/Respondent
CATCHWORDS:
Leave to appela against severity of sentence. Guilty plea - no obligation to spell out mathematical calculation - psychiatric condition - adjustment disorder with depressive mood - not sufficient to diminish principles of general and specific deterrence - delay in sentencing - sentence not manifestly excessive.
LEGISLATION CITED:
Crimes Act 1900
Crimes (Sentencing & Procedure) Act 1999
DECISION:
Leave to appeal is granted but the appeal is dismissed.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
2006/815
SPIGELMAN CJ
WHEALY J
HOWIE JTHURSDAY 7 September 2006
Ahmed ITAOUI v REGINA
Judgment
SPIGELMAN CJ: I agree with Whealy J.
WHEALY J: On 17 May 2005 Ahmed Itaoui (“the applicant”) pleaded guilty to nine counts of obtaining a financial advantage by deception. These were charges under s 178BA of the Crimes Act 1900, each carrying a maximum penalty of five years imprisonment. The plea was dealt with by the learned sentencing judge on 12 September 2005. His Honour was also asked to take into account ten similar offences on a Form 1 and a further offence of attempting to obtain a benefit by deception.
The applicant has sought leave to appeal on seven grounds. It will be necessary to identify each of those grounds and, in discussion of those matters, to identify the reasons of the sentencing Judge in some greater detail.
The general background
It may be helpful to outline in broad terms the nature of the offences committed by the applicant. This background focuses on the applicant’s employment as a legal clerk at the offices of George Shad & Co Solicitors at Bankstown between August 2001 and October 2002. The applicant had been given employment in the middle of 1999 by Mr Shad. The applicant had been studying law part-time when he was engaged. The nature of his employment was, at first that the applicant looked after conveyancing matters from commencement until exchange of contracts. This included interviewing clients, liaising with real estate agents and ensuring that the reports in relation to the condition of the property under negotiation were satisfactory. As time passed, the applicant was given greater responsibilities. He was permitted to be involved with conveyancing matters up to completion. Mr Shad’s practice was essentially that of a conveyancer with a very considerable number of transactions flowing through his office. In the statement he provided to police, Mr Shad said that his firm settled approximately 60 conveyancing matters each week. His trust account was used extensively in the practice, with approximately sixteen to seventeen hundred trust account transaction entries in any one month.…
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- AGLC
- Itaoui v Regina [2006] NSWCCA 273
- Case
- [2006] NSWCCA 273
- Decision Date
CaseChat Overview and Summary
The court reasoned that while the applicant's psychiatric condition was acknowledged, it was not sufficient to warrant a reduction in sentence, given the gravity of the offence and the need to uphold principles of general and specific deterrence. The court also found that the delay in sentencing did not significantly impact the severity of the sentence. The court concluded that the sentence was not manifestly excessive and denied the application for leave to appeal.
The court's decision was based on a thorough examination of the applicant's psychiatric condition, the nature of the offence, and the principles of general and specific deterrence. The court found that the sentence was appropriate given the circumstances and denied the application for leave to appeal. The final orders of the court reflect this decision, upholding the original sentence imposed on the applicant.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: SPIGELMAN CJ WHEALY J
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