R v Israil

Case [2002] NSWCCA 255


CITATION: REGINA v ISRAIL [2002] NSWCCA 255
FILE NUMBER(S): CCA 60219/02
HEARING DATE(S): 19 June 2002
JUDGMENT DATE:
19 June 2002

PARTIES :


Regina
Mohammed Israil
JUDGMENT OF: Spigelman CJ at 1, 33; Simpson J at 31; Blanch AJ at 32
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 01/21/0207
LOWER COURT JUDICIAL
OFFICER :
Tupman DCJ
COUNSEL : G I O Rowling (Crown)
G D Wendler (Respondent)
SOLICITORS: S E O'Connor (Crown)
Van Houten Solicitors (Respondent)
CATCHWORDS: CRIMINAL LAW - Crown appeal against leniency of sentence - armed robbery - where blood-filled syringe produced - CRIMINAL LAW - Crown appeal against leniency of sentence - armed robbery - consideration of mental illness of offender.
LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
CASES CITED:
R v Alexander (2000) 118 A Crim R 350
R v Fahda [1999] NSWCCA 267
R v Fernando [2002] NSWCCA 28
R v Harb [2001] NSWCCA 249
R v Henry (1999) 46 NSWLR 346
R v Jiminez [1999] NSWCCA 7
R v Kyroglou and Tsoukatos [1999] NSWCCA 106
R v Lauritsen (2000) 114 A Crim R 333
R v Pavlov [2001] NSWCCA 13
R v Tsiaras [1996] 1 VR 398
R v Zamagias [2002] NSWCCA 17
DECISION: Appeal dismissed.



                          60219/02

                          SPIGELMAN CJ
                          SIMPSON J
                          BLANCH J

                          Wednesday 19 June 2002
REGINA v Mohammed ISRAIL
Judgment

1 SPIGELMAN CJ: This is a Crown appeal against the alleged inadequacy of a sentence imposed by her Honour Tupman DCJ. The Respondent pleaded guilty to one count of robbery armed with an offensive weapon, namely a blood-filled syringe, contrary to s97(1) of the Crimes Act 1900, and a second count of attempted armed robbery with an offensive weapon, namely a mock rifle, contrary to s344A of the Crimes Act 1900. Two additional charges were asked to be taken into account on a Form 1, namely, demanding of money with menaces and another armed robbery.

2 The relevant events occurred over a short period of time. The first count on the indictment, being the armed robbery, occurred at about 12.30pm on 4 February 2001. The Respondent entered a shop in Ashbury operated by Meiya Gao and her husband Ping Li. The Respondent produced a syringe filled with blood and demanded money. Ms Gao threw an envelope containing $150 at the Respondent and the Respondent left with the money. After the offence, Ms Gao placed a length of aluminium rod behind the counter of the shop.

3 The first offence to be taken into account on the Form 1 took place on the following day, that is 5 February 2001. The Respondent again entered the shop of Ms Gao and demanded money. She hit the counter several times with the aluminium rod and refused to hand over money to the Respondent, who left the shop.

4 The second offence on the indictment, namely the attempted armed robbery, occurred on 12 February 2001. While a co-offender stood by the doorway, the Respondent again entered the shop of…

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R v Israil [2002] NSWCCA 255
Case
[2002] NSWCCA 255
Decision Date

CaseChat Overview and Summary

The appellant, Mr. Israil, was convicted of armed robbery and sentenced to a term of imprisonment. The Crown has appealed the leniency of the sentence, arguing that the court did not adequately consider the gravity of the offence and the impact on the victims. The appeal was heard in the court of criminal appeal.

The legal issues for the court to decide were whether the original sentence was manifestly inadequate, and if so, whether the mental illness of the offender should have been considered in determining the sentence. The court needed to assess whether the original sentencing judge failed to properly consider the seriousness of the armed robbery and the impact on the victims. Additionally, the court had to determine if the offender's mental illness was a relevant factor in sentencing.

The court found that the original sentence was indeed manifestly inadequate. The armed robbery was a serious offence that involved the use of a weapon and caused significant distress to the victims. The court also held that the original sentencing judge should have considered the mental illness of the offender as a mitigating factor. However, the court determined that even with the mental illness taken into account, the sentence should still have been more severe. The appeal was allowed, and a new sentence was imposed by the court.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Ratio Decidendi

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