Kramarzewski and El Ghoul v The Queen

Two appellants, Kramarzewski and El Ghoul, appealed against the severity of their sentences in the New South Wales Court of Criminal Appeal. The appellants were each involved in a fraud which deprived a mobile phone provider of nearly one million dollars. They were sentenced to full-time imprisonment by the Local Court sitting at Burwood. The appellants argued that the sentences were too severe given their low level of moral culpability.

The central legal issue was whether the severity of the sentences was appropriate given the circumstances of the case. The court needed to consider the nature of the crime, the culpability of the appellants, and their personal circumstances. The appellants argued that their low moral culpability, their status as grandfathers, their prior good character, and the fact that they received little to no pecuniary advantage should be taken into account when determining the severity of their sentences.

The court found that the appellants' low moral culpability, their status as grandfathers, their prior good character, and the fact that they received little to no pecuniary advantage were all relevant factors to be considered when determining the appropriate sentence. The court noted that the appellants had both pleaded guilty and expressed remorse for their actions. The court also noted that the appellants had made full restitution to the victim. The court concluded that the sentences imposed by the Local Court were too severe and set them aside, instead imposing suspended sentences.

The court ordered that the sentence passed by the Local Court sitting at Burwood on 4 November 2015 be set aside and that the conviction be recorded. The court sentenced each appellant to a term of imprisonment of 12 months and 1 year and 4 months respectively, suspended.