Sabra v R

Case [2015] NSWCCA 38


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: Sabra v Regina [2015] NSWCCA 38
Hearing dates:9 March 2015
Date of orders: 25 March 2015
Decision date: 25 March 2015
Before: Meagher JA at [1]
Schmidt J at [2]
Bellew J at [3]
Decision:

Leave to appeal granted.
Appeal dismissed.

Catchwords:

CRIMINAL LAW – Sentence - Where unexplained delay of 17 months between admissions made by applicant and charges being laid – Where delay found to have resulted in the applicant becoming anxious and concerned – Whether the sentencing judge erred in finding that the delay was not to the applicant’s detriment – Relevance of delay on sentence

CRIMINAL LAW – Sentence – Whether sentencing judge erred in partially accumulating sentences for offences arising from one course of conduct – Whether sentencing judge erred in making a recognizance release order to operate after the applicant had served 70% of the head sentence

CRIMINAL LAW – Sentence – Offences of revenue fraud – Whether the sentence imposed was manifestly excessive – Whether some other sentence warranted in law
Legislation Cited: Crimes Act 1900 (NSW)
Crimes Act 1914 (Cth)
Criminal Appeal Act 1912 (NSW)
Criminal Code 1995 (Cth)
Cases Cited: Blanco v R [1991] NSWCCA 121; (1999) 106 A Crim R 303 Briouzguine v R [2014] NSWCCA 264
Cahyardi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41
Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321
Director of Public Prosecutions v Milne [2001] VSCA 93
Eriyo v R [2015] NSWCCA 16
Giourtalis v R [2013] NSWCCA 216
Hili v R; Jones v R [2010] HCA 45; (2010) 242 CLR 520
JT v R [2012] NSWCCA 133
Kentwell v R [2014] HCA 37
King v R (1998) 99 A Crim R 288
MLP v R [2014] NSWCCA 183
Mill v R [1988] HCA 70; (1988) 166 CLR 59
Panchal v R; R v Panchal [2014] NSWCCA 275
R v Alimic [2006] VSCA 273
R v Gay [2002] NSWCCA 6
R v Hawkins (1989) 45 A Crim R 430
R v Pickard [2011] SASCFC 134
R v Purdon CCA (NSW) 27 March 1991, unreported
R v Schwabegger [1998] 4 VR 649
R v Scook [2008] WASCA 114
R v Todd [1982] 2 NSWLR 517
R v XX [2009] NSWCCA 115; (2009) 195 A Crim R 38
Category:Principal judgment
Parties: Marcus Sabra - Applicant
Representation:

Counsel:
Mr I Todd - Applicant
Mr T Anderson - Respondent

Solicitors:
File Number(s):2012/252596
Publication restriction:Nil
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
11 April 2014
Before:
Syme DCJ

Judgment

  1. MEAGHER JA: I agree with Bellew J.

  2. SCHMIDT J: I agree with Bellew J.

  3. BELLEW J: On 3 October 2013 Marcus Sabra (“the applicant”) pleaded guilty to:

  1. two (2) counts of dishonestly obtaining a financial advantage from a Commonwealth entity, contrary to s. 134.3(1) of the Criminal Code 1995 (Cth)…

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AGLC
Sabra v R [2015] NSWCCA 38
Case
[2015] NSWCCA 38
Decision Date

CaseChat Overview and Summary

In the case of Sabra v R, the applicant, who was convicted of multiple counts of revenue fraud, appealed against his sentence. The applicant's admissions were made 17 months before charges were laid, which led to an unexplained delay that caused the applicant anxiety and concern. The appeal focused on the impact of this delay on the sentence and whether the sentencing judge correctly assessed its relevance. Additionally, the applicant argued that the judge erred in partially accumulating the sentences for offences arising from one course of conduct and in making a recognizance release order to operate after the applicant had served 70% of the head sentence. The final issue was whether the sentence imposed was manifestly excessive and whether an alternative sentence was warranted in law.

The court examined whether the delay in charging the applicant had an impact on the sentence. The applicant argued that the delay was to his detriment, but the court found that the delay did not affect the sentence's severity. The court also considered whether the sentencing judge erred in partially accumulating the sentences for the offences. It was determined that the judge did not err in this regard, as the cumulative sentencing approach was appropriate given the nature of the offences. The court further evaluated the recognizance release order, finding that it was not an error to make it operate after the applicant had served 70% of the head sentence. Lastly, the court assessed whether the sentence imposed was manifestly excessive and found that it was not, concluding that the sentence was warranted in law.

The court upheld the applicant's sentence, finding no errors in the sentencing judge's assessment of the delay's impact, the partial accumulation of sentences, or the recognizance release order. The court also rejected the applicant's claim that the sentence was manifestly excessive. Consequently, the appeal was dismissed, and the original sentence was confirmed. The final orders of the court were that the appeal be dismissed, and the applicant's sentence remain as imposed by the sentencing judge.

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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