R v Bazzi - [1999] NSWCCA 346

CITATION: Regina v Bazzi [1999] NSWCCA 346

FILE NUMBER(S): CCA 60686/98

HEARING DATE(S): 27 October 1999

JUDGMENT DATE:
27 October 1999

PARTIES :

Regina
v
Izac Bazzi

JUDGMENT OF: Smart AJ at 1; Simpson J at 28

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : 98/21/3113

LOWER COURT JUDICIAL OFFICER: Moore DCJ

COUNSEL: A: A M Martin
R: R D Ellis

SOLICITORS: A: T A Murphy
R: S E O'Connor

CATCHWORDS: Sentencing; gravity of using an offensive weapon (blood filled syringe) to prevent detention; sentence not excessive; sentence on assault charge exceeding maximum

ACTS CITED: Crimes Act 1900, ss33B and 61

CASES CITED:
R v Hamilton (1993) 66 ACrimR 575
R v King [1999] NSWCCA 16

DECISION: Appeal dismissed on use offensive weapon; Appeal allowed on assault charge

IN THE COURT OF
CRIMINAL APPEAL

60686/98

SIMPSON J
SMART AJ
WEDNESDAY, 27 OCTOBER 1999

REGINA v IZAC BAZZI

JUDGMENT

1 SMART AJ: Izac Bazzi seeks leave to appeal against the severity of his two concurrent sentences, comprising a minimum term of one year ten months, and an additional term of two years for using an offensive instrument, namely a syringe to avoid detention and for assaulting Mrs Jenny Fletcher. 2 The minimum term of one year ten months allowed for two months pre-sentence custody. The judge started off with a minimum term of two years. 3 On 26 January 1998 the applicant went to Woolworths, Riverwood, and placed five small video cassettes down the front of his jeans and under his jumper. He passed through the cash register without paying for the cassettes, but having paid for other items. He was accosted by the manager but pushed him in the chest and ran away, being pursued by the manager and another employee. 4 The applicant was tackled and his head came into contact with the ground. He suffered cuts and abrasions. He was escorted back to the manager's office of Woolworths. Upon request, he produced the cassettes from his jeans. It was noted that he was in possession of a sealed syringe. The applicant requested to go to the toilet to which he was escorted by three male staff. He occupied a cubicle. He took the unused syringe from his pocket, broke the needle off and sucked some blood and water into it from his mouth. He was being escorted back to the office when he attempted to run away. When he was grabbed he produced the blood filled syringe and waved it at the staff. As staff surrounded him he continually threatened staff with the blood filled syringe. He said, inter alia, "I'll stick youse if youse come near me". By this means he was able to, and did, leave the Woolworths store. 5 He ran away with a number of staff chasing him. He approached a small stationary car and jumped into the car. Mrs Jenny Fletcher was sitting in the driver's seat. She had seen him waving an object at his pursuers. When he got into…

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 R v Bazzi

Details

AGLC: Regina v Bazzi [1999] NSWCCA 346
Case: [1999] NSWCCA 346
Decision Date: 27 October 1999

CaseChat Overview and Summary

The case of R v Bazzi involved the defendant, Bazzi, who was charged with assault and possessing an offensive weapon. Bazzi was involved in a confrontation with police officers, during which he attempted to evade detention. In the course of this encounter, Bazzi brandished a syringe filled with blood, which he used as a threatening implement against the officers. The case was heard in the relevant court of appeal.

The primary legal issues addressed by the court were whether the sentence imposed on Bazzi for the assault charge was excessive and whether the sentence for possessing the offensive weapon adequately reflected its gravity. The court needed to consider the severity of the assault and the threat posed by the syringe, as well as the proportionality of the sentences imposed.

The court examined the circumstances of the assault and the use of the syringe, noting that Bazzi's actions were aimed at preventing his lawful detention. The court held that the sentence for the assault charge exceeded the statutory maximum and was therefore improper. However, the court found that the sentence for possessing the offensive weapon was not excessive and appropriately reflected the gravity of the offence. The court concluded that the sentence on the assault charge should be reduced to the maximum permissible under the law, while the sentence for possessing the offensive weapon was upheld as fair and proportionate.

The final orders of the court were to reduce the sentence on the assault charge to the statutory maximum and to maintain the sentence for possessing the offensive weapon as it was. The court's decision provided clarity on the appropriate sentencing for both offences and ensured that the sentences reflected the seriousness of Bazzi's actions.

Orders