R.V. AL-ZAABI

[2001] NSWCCA 538

CITATION:	R.V. AL-ZAABI [2001] NSWCCA 538
FILE NUMBER(S):	CCA 60768/00
HEARING DATE(S):	31 October 2001
JUDGMENT DATE:	20 December 2001
PARTIES :	Regina - Appellant Khalid AL-ZAABI - Respondent
JUDGMENT OF:	Beazley JA at 1; Hulme J at 2; Barr J at 3

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S) :	99/11/1036
LOWER COURT JUDICIAL OFFICER :	Goldring DCJ

COUNSEL :	Mr G.E. Smith for the Crown Mr P.M. Strickland for the respondent
SOLICITORS:	S.E. O'Connor for the Crown D.J. Humphreys for the respondent
CATCHWORDS:	Criminal law - Sentencing - Crown Appeal - delay in serving notice of appeal - respondent avoided service - whether Court should decline to interfere with an inadquate sentence
LEGISLATION CITED:	Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	R v Eastway Court of Criminal Appeal 19 May 1992 unreported R v Cartwright (1989) 17 NSWLR 243 R v Clavert Court of Criminal Appeal 18 February 1983 unreported R v O'Neill Court of Criminal Appeal unreported 24 July 1996 R v Brillo Court of Criminal Appeal unreported 14 May 1997 R v Molesworth [1999] NSWCCA 43 R v Fischer [2001] NSWCCA 143 Bugmy v The Queen (1990) 169 CLR 525 Malvaso v The Queen (1989) 168 CLR 227
DECISION:	See Judgment at Paragraph 49

60768/00
Beazley JA
Hulme J
Barr J


20 December 2001

Regina v Khalid Al Zaabi

Judgment

1 Beazley JA: I agree with Barr J.

2 Hulme J: I agree with Barr J.

: This is a Crown appeal against sentences imposed upon the Respondent in the District Court. On 3 November 2000 he pleaded guilty to charges that -

(i) On 29 October 1997 he dishonestly obtained for himself $30,000
by deception, namely by electronic transfer of funds from his employer’s bank account to his own bank account;
(ii) On 29 October 1997 he engaged in a transaction, namely the purchase of a motor vehicle, with money which he knew was the proceeds of a serious offence;
(iii) On 15 February 1998 he dishonestly obtained for himself a financial advantage, namely $10,000, by deception, namely by swiping his bank card into an electronic machine belonging to a shop, thereby creating a refund transaction for his own credit;
(iv) On 27 February 1998 he dishonestly obtained for himself money, namely $30,000, by deception, namely the unauthorised transfer of funds from the bank account of another organisation to his own bank account;
(v) On 28 February 1998 he engaged in a transaction, namely the purchase of a number of electrical components worth $3,000, knowing that the money used was the proceeds of a serious offence; and
(vi) On 2 March 1998 he engaged in a transaction, namely the purchase of some car wheels worth $1,460, with money that he knew was the proceeds of a serious offence.

4 He was sentenced on the first, third and fourth counts to concurrent sentences of two years six months’ imprisonment, commencing on 17 July 2000 and expiring on 16 January 2003.…