SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0179
| MOHAMED HISHEM HAMOUD | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | ASHLEY and PRIEST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 20 May 2015 |
| DATE OF JUDGMENT: | 20 May 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 114 |
| JUDGMENT APPEALED FROM: | DPP v Hamoud (Unreported, County Court of Victoria, Judge McInerney, 16 July 2014) |
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CRIMINAL LAW – Sentence – Community Correction Order – Whether period of operation of order manifestly excessive – Applicant sentenced on four charges of obtaining property by deception – Co-offender sentenced on one charge of theft – Whether judge erred by refusing to apply parity principle – Application of principle in circumstances of case – Leave to appeal granted – Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr M Pena-Rees | Turnbull Lawyers |
| For the Crown | Mr P B Kidd SC | Ms V Anscombe, Acting Solicitor for Public Prosecutions |
ASHLEY JA:
The applicant, Mohamed Hamoud, pleaded guilty to four charges of obtaining property by deception. The offences were committed between 23 August 2013 and 16 November that year. In each instance the applicant obtained possession of a valuable motor vehicle by giving the vendor a fraudulent bank cheque. On 16 July 2014 a judge in the County Court imposed, in respect of each of the four charges, a community correction order for a period of four years. The four year periods were to be applied concurrently. As a condition of the order, the judge imposed a work order for a period of 150 hours. He also imposed a treatment and rehabilitation order and a supervision order. Finally, he imposed an aggregate fine of $5,000, and made orders for restitution.
Grounds of appeal
Now the applicant appeals against sentence. These are his grounds:
Ground 1 — That the sentence imposed on the applicant is manifestly excessive.
Ground 2 — That the sentences imposed on Counts 1 to 4 offended against the broad principle of Equal Justice when compared to the Co-Offender BRENCHLEY.
It is to be noted that he appeals by leave granted by Redlich JA with respect to ground 1,[1] but that his Honour referred the question whether leave should be granted with respect to ground 2 to the Court as presently constituted.
[1]His Honour granted leave because, the decision in Boulton v The Queen [2014] VSCA 342 not having then been published, he was of opinion that the fate of ground 1 might be informed by that decision.
Ground 1
Submissions
Applicant’s counsel submitted that the sentence imposed was manifestly excessive because the imposition of an operative period of four years on the community correction order was impermissibly long having regard to the applicant’s previous good character, his youth (at the time of offending the applicant was aged 26), excellent character references tendered on the plea, evidence of remorse, and the utilitarian benefit of an early plea. He submitted also that the judge had not explained why he imposed the operative length of the order…
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- Case
- [2015] VSCA 114
- Decision Date
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