Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Sabbah v R (Cth) [2020] NSWCCA 89 Hearing dates: 27 March 2020 Date of orders: 06 May 2020 Decision date: 06 May 2020 Before: McCallum JA at [1]
Wilson J at [11]
Cavanagh J at [158]Decision: 1. Leave to appeal granted;
2. Appeal dismissedCatchwords: CRIME – Sentence – application for leave to appeal against asserted excessiveness of sentence – possession of counterfeit money – utility of sentencing statistics based on small sample – utility of decided cases in determining whether sentence is manifestly excessive Legislation Cited: Criminal Appeal Act 1912 (NSW)
Crimes Act 1914 (Cth)
Crimes (Currency) Act 1981 (Cth)
Reserve Bank Act 1959 (Cth)Cases Cited: Barbaro v The Queen [2014] HCA 2
Dang v R [2014] NSWCCA 47
Dinsdale v The Queen 202 CLR 321, [2000] HCA 54
DPP v Kevin Rohde and Others (1985) 17 A Crim R 166
Hoare v The Queen (1989) 167 CLR 348; [1989] HCA 33
Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
Lowndes v The Queen 195 CLR 665; [1999] HCA 29
MLP v R [2014] NSWCCA 183
Markarian v The Queen 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Naveed v R [2019] NSWCCA 149
Ngatamariki v R [2016] NSWCCA
O’Keefe v R (1993) 67 A Crim R 381
Parente v R [2017] NSWCCA 284
Pham v R [2014] NSWCCA 115
R v Eddie Ali Shaitly (District Court of NSW, 3 October 1996, unrep)
R v Geaney (District Court of NSW, 27 October 1995, unrep)
R v Gittani [2002] NSWCCA 139
R v Institoris (2002) 129 A Crim R 458, [2002] NSWCCA 8
R v Meades (District Court of NSW 29 June 2000, unrep)
R v Megaloudis [2013] NSWDC 302
R v Oppedisano (District Court of NSW 27 October 1995, unrep).
R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343
The Queen v Pham [2015] HCA 39
Vandeventer v R [2013] NSWCCA 33
Vaiusu v R [2017] NSWCCA 71
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Wong v The Queen 207 CLR 584; [2001] HCA 64Category: Principal judgment Parties: Henry Sabbah (Applicant)
Director of Public Prosecutions (Commonwealth) (Respondent)Representation: Counsel:
Solicitors:
Mr M Crawford-Fish (Applicant)
Mr R J Perrignon (Respondent)
Mr A Harris (Applicant)
Mr B Scard for Solicitor for Public Prosecutions (Commonwealth) (Respondent)
File Number(s): 2016/00116063 Publication restriction: None Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 31 August 2018
- Before:
- Girdham SC DCJ
- File Number(s):
- 2016/00116063
Judgment
-
MCCALLUM JA: I agree with Wilson J that the appeal should be dismissed. Subject to what follows, I agree with her Honour’s reasons for reaching that conclusion.
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Justice Wilson’s analysis of the comparable cases relied upon by the applicant includes reference to the remarks of…
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- AGLC
- Sabbah v R (Cth) [2020] NSWCCA 89
- Case
- [2020] NSWCCA 89
- Decision Date
CaseChat Overview and Summary
The court examined the primary judge's sentencing process and considered whether the sentence was manifestly excessive. The court noted that while sentencing statistics and decided cases could provide some guidance, they were not determinative and must be applied with caution. The court held that the primary judge had correctly considered the relevant factors and that the sentence imposed was not manifestly excessive. The court also determined that the utility of sentencing statistics based on a small sample was limited and that the primary judge had appropriately exercised their discretion in determining the appropriate penalty. The court further found that the primary judge had adequately considered the decided cases and that the sentence was commensurate with the offence committed.
The court ultimately dismissed the appeal and refused the application for leave to appeal. The court held that the sentence imposed by the primary judge was not manifestly excessive and that the appeal was without merit. The court emphasised the importance of exercising judicial discretion in sentencing matters and that the primary judge had appropriately balanced the relevant factors in determining the appropriate penalty. The decision underscores the court's reluctance to interfere with sentencing decisions, particularly where the sentence falls within the range of penalties generally considered appropriate for the offence committed. The court's refusal to grant leave to appeal further highlights the high threshold that must be met for an appeal against sentence to succeed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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