Legal Research
Cases
R v Mohammed Skaf

R v Mohammed Skaf

Case [2005] NSWCCA 298 16 September 2005

Aggravated Sexual Intercourse Without Consent

No judgment structure available for this case.

Type to search within this case.

CITATION:
R v Mohammed Skaf [2005] NSWCCA 298

HEARING DATE(S): 26 July 2005

JUDGMENT DATE:

16 September 2005

JUDGMENT OF:
Studdert J; Bell J; Latham J

DECISION:
Leave to appeal against the sentences imposed is granted, and the appeal is allowed. The sentences imposed in respect of counts 1 and 2 are confirmed. The sentence imposed in respect of count 14 is quashed. In lieu thereof, the applicant is sentenced to a term of imprisonment of five years to commence on 1 January 2005 and to expire on 31 December 2009. The sentence imposed in respect of count 15 is quashed. In lieu thereof, the applicant is sentenced to imprisonment for a term of fifteen years, also to commence on 1 January 2005 and to expire on 31 December 2019, with a non parole period to commence on 1 January 2005 and to expire on 2 January 2012. The first date upon which the applicant will be eligible for release upon parole is 2 January 2012.

CATCHWORDS:
Criminal law - application for leave to appeal against sentences - detention of complainant for advantage - aggravated sexual intercourse without consent (in company) - whether errors in findings and approach by sentencing judge - whether sentences manifestly excessive.

LEGISLATION CITED:

Children (Criminal Proceedings) Act, s 6
Crimes Act, s 61J, 90A
Crimes (Sentencing Procedure) Act, ss 33, 44, 59

CASES CITED:
Ibbs v The Queen (1987) 163 CLR 447
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen (1998) 194 CLR 610
R v Bailey (1998) 35 A Crim R 458
R v Jones (1993) 70 A Crim R 449
R v AEM & Ors [2002] NSWCCA 58
R v B. Skaf & M. Skaf (2004) 60 NSWLR 86
R v Smith (1987) 44 SASR 857
Ryan v The Queen (2001) 206 CLR 267
Veen v The Queen (No. 2) (1987-1988) 164 CLR 465

PARTIES:
Regina v Mohammed Skaf

FILE NUMBER(S):
CCA 2003/3232

COUNSEL:
R. Cogswell SC/D. Arnott (Crown)
S. Odgers SC/H. Dhanji (Applicant)

SOLICITORS:
S. Kavanagh (Crown)
S.E. O'Connor (Applicant)

LOWER COURT JURISDICTION:
District Court

LOWER COURT FILE NUMBER(S):
01/11/0901; 01/11/0591

LOWER COURT JUDICIAL OFFICER:
Finnane DCJ

2003/3232

STUDDERT J
BELL J
LATHAM J
Friday 16 September 2005

REGINA v MOHAMMED SKAF

Judgment

1 THE COURT: The applicant, Mohammed Skaf, seeks leave to appeal against sentences imposed by his Honour Judge Finnane QC following upon the applicant’s conviction for two offences of detain for advantage and two offences of aggravated sexual intercourse without consent (in company).

2 For the first of the offences of detain for advantage, his Honour sentenced the applicant to imprisonment for a term of five years to commence on 3 January 2001 and set a non parole period of three years to expire on 2 January 2004. For the first of the aggravated sexual intercourse offences, the judge imprisoned the applicant for seventeen years, again to commence on 3 January 2001. His Honour set a non parole period of eleven years to expire…

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 Mohammed Skaf

Details

AGLC: R v Mohammed Skaf [2005] NSWCCA 298
Case: [2005] NSWCCA 298
Decision Date: 16 September 2005

CaseChat Overview and Summary

The case before the court was a criminal appeal brought by the respondent, Mohammed Skaf, against his sentences. Skaf was convicted of multiple serious offences, including aggravated sexual intercourse without consent in company. The appeal centred on the sentences imposed by the sentencing judge, with Skaf contending that the sentences were manifestly excessive and that there were errors in the findings and approach of the sentencing judge.

The primary legal issues before the court were whether the sentences imposed by the sentencing judge were manifestly excessive and whether there were any errors in the judge's findings or approach. Skaf's legal team argued that the sentences did not reflect the proper balance between deterrence and rehabilitation and that the sentencing judge had erred in certain aspects of the sentencing process.

The court carefully considered the arguments presented and examined the sentencing principles relevant to the case. The court found that the sentencing judge had not erred in their findings or approach. It was held that the sentences, while severe, were not manifestly excessive when considering the gravity of the offences and the need for general and specific deterrence. The court emphasised that the sentencing judge had properly balanced the interests of the community, the victims, and the offender, and had not imposed a sentence that was disproportionate to the crimes committed. The appeal was therefore dismissed, and the original sentences were upheld.

No further orders were made by the court in light of its determination that the appeal was without merit. The sentences imposed by the sentencing judge remained in place, reflecting the seriousness of the offences and the need to uphold the rule of law.

Orders