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Jbara v The King

Jbara v The King

Case [2025] NSWCCA 83 4 June 2025

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Court of Criminal Appeal

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Jbara v R [2025] NSWCCA 83
Hearing dates: 2 May 2025
Date of orders: 4 June 2025
Decision date: 04 June 2025
Before: Ball JA; Fagan J; Yehia J
Decision:
1 Grant leave to appeal against sentence.
2 Dismiss the appeal.

Catchwords:
CRIME – appeals – appeals against sentence –Commonwealth offences of transmitting soliciting and possessing child pornography – alleged failure to assess objective seriousness – alleged statement of agreed facts – alleged as application of s 16A(2AAA) of the Crimes Act 1914 (Cth) concerning sentence of sufficient duration to permit a rehabilitation program – all grounds dismissed – no point of principle

Legislation Cited:
Criminal Code (Cth)
Crimes Act 1914 (Cth), ss 16BA, 19AB, 16A(2AAA)

Cases Cited:
Baydoun v R [2024] NSWCCA 65
Bektasovski v R [2022] NSWCCA 246; (2022) 407 ALR 125
Delaney v R; R v Delaney (2013) 230 A Crim R 581; [2013] NSWCCA 150
DH v R [2022] NSWCCA 200
Gal v R [2015] NSWCCA 242
Kochai v R [2023] NSWCCA 116
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Van Ryn [2016] NSWCCA 1
Tepania v R (2018) 275 A Crim R 233; [2018] NSWCCA 247
The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54
Twaddell v R [2019] NSWCCA 116

Category: Principal judgment
Parties: Eyad Saleem Easa Jbara (applicant)
Rex (respondent)
Representation:
Counsel:
S Howell with R Pettit (applicant)
A Chhabra with T Gooley (respondent)
Solicitors:
Faraj Defence Lawyers (applicant)
Office of the Director of Public Prosecutions (Cth) (respondent)

File Number(s): 2022/17484
Publication restriction: No
Decision under appeal

Court or tribunal:

District Court NSW

Jurisdiction:

Criminal

Citation:

N/A

Date of Decision:

13 September 2024

Before:

Mendes DCJ

File Number(s):

2022/17484

JUDGMENT

THE COURT: The applicant seeks leave to appeal against sentences of imprisonment imposed by the District Court on 13 September 2024 following his pleas of guilty to three charges concerning child pornography and child abuse material. The three offences, the sentences imposed and the statutory maximum penalties are as follows:

Count 1: Between 6 March 2015 and 5 May 2016 commit more than three offences against s 474.19(1) of the Criminal Code (Cth) of transmitting or soliciting child pornography material in communications with two or more people, contrary to s 474.24A(1) of the Code. Sentence: 3 years and 6 months. Maximum: 25 years
Count 2: Between 17 November 2015 and 8 October 2018, access and transmit child pornography material using a carriage service, contrary to s 474.19(1) of the Code. Sentence: 1 years and 8 months. Maximum: 15 years.
Count 3: On 22 January 2022, possess child abuse material obtained or accessed using a carriage service, contrary to s 474.22A(1) of the Code. Sentence: 2 years and 3 months. Maximum: 15 years.

Pursuant to s 16BA of the Crimes Act 1914 (Cth) the learned sentencing judge took into account one offence on a schedule, namely,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Jbara v The King

Details

AGLC: Jbara v The King [2025] NSWCCA 83
Case: [2025] NSWCCA 83
Decision Date: 04 June 2025

CaseChat Overview and Summary

In the High Court, Jbara appealed against his conviction and sentence for transmitting, soliciting, and possessing child pornography. The appeal raised issues concerning the assessment of the objective seriousness of the crimes and the application of a specific provision of the Crimes Act 1914 (Cth) concerning the length of a sentence to permit a rehabilitation program. The court considered whether there was an alleged failure to properly assess the objective seriousness of the crimes and if there was an alleged statement of agreed facts. Additionally, the court examined whether section 16A(2AAA) of the Crimes Act 1914 (Cth) was applied correctly in relation to the sentence duration for a rehabilitation program.

The court found that the trial judge had properly assessed the objective seriousness of the crimes and had not erred in any way. It was determined that the statement of agreed facts was accurate and appropriately reflected the evidence presented. Regarding section 16A(2AAA) of the Crimes Act 1914 (Cth), the court held that the trial judge had correctly applied the provision in determining the sentence length. The appeal grounds were dismissed, and the court found no point of principle of general importance.

The High Court upheld the original sentence and dismissed the appeal. The decision confirmed that the trial judge had correctly assessed the seriousness of the crimes, appropriately applied the relevant statutory provisions, and there were no grounds for a different outcome.

Orders