Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Younan v R [2023] NSWCCA 124 Hearing dates: 24 May 2023 Date of orders: 09 June 2023 Decision date: 09 June 2023 Before: Hamill J at [1]
Lonergan J at [2]
Ierace J at [45]Decision: (1) Grant leave to appeal on sentence.
(2) Appeal dismissed.
Catchwords: CRIME – appeals – appeal against sentence – whether sentencing judge was in error in her finding regarding specific deterrence – whether sentence manifestly excessive – no error – not manifestly excessive – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW)
Cases Cited: AK v R [2016] NSWCCA 238
Aslan v R [2014] NSWCCA 114
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Director of Public Prosecutions (NSW) v TH [2023] NSWCCA 81
House v King (1936) 55 CLR 499; [1936] HCA 40
Nasrallah v R (2021) 105 NSWLR 451; [2021] NSWCCA 207
Category: Principal judgment Parties: Ray Younan (Applicant)
Rex (Respondent)Representation: Counsel:
M Zhou & Co. (Applicant)
Mr A Parsons (Applicant)
Ms M Swift (Respondent)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2019/00390821 Publication restriction: Section 15A of the Children (Criminal Proceedings) Act 1987 (NSW) prohibits the publication of anything that would identify the victim.
Section 578A of the Crimes Act 1900 (NSW) prohibits the publication of anything that would identify the victim of sexual offence proceedings.
A non-publication order is made in relation to the initials of VL, IS and CY, to ensure there is no inadvertent identification of the victim.Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
N/A
- Date of Decision:
- 18 August 2022
- Before:
- Shead SC DCJ
- File Number(s):
- 2019/00390821
JUDGMENT
-
HAMILL J: I agree with Lonergan J.
-
LONERGAN J: The applicant seeks leave to appeal against the sentence imposed upon him in the District Court Sydney on 18 August 2022 in respect of seventeen counts of sexual offending committed by him against a child in his care on various occasions in the second half of 2019. Also taken into account were twelve offences set out on Form 1 certificates that occurred in the same period, involving the same child, of a similar nature to the other offending.
-
The sentencing judge, Shead SC DCJ, imposed an aggregate term of imprisonment of 6 years and 6 months, with a non-parole period of 4 years and 3 months.
-
The applicant was arrested on 11 December 2019. He pleaded guilty in the Local Court on 27 August 2020 to Counts 1 to 5, but not guilty to the remaining counts. Those remaining twelve counts were committed for trial with a pre-recorded hearing of the complainant’s evidence listed for 18 February 2021, however the applicant served an offer to plead guilty to the remaining counts on 1 February 2021 and the hearing was vacated.
-
The sentencing proceedings took place over four separate dates, the last date being 21 July…
Continue reading Younan v The King
Sign in free to access the full text
- AGLC
- Younan v The King [2023] NSWCCA 124
- Case
- [2023] NSWCCA 124
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the primary judge had erred in her assessment of specific deterrence. Additionally, the court had to determine whether the sentence imposed was manifestly excessive. Specific deterrence refers to the prevention of the individual offender from reoffending. The appellant claimed that the primary judge had misunderstood the concept of specific deterrence and that this error had influenced the sentence. The respondent maintained that the primary judge's assessment was correct and that the sentence was proportionate to the crime committed.
The court considered the primary judge's reasons and the principles of sentencing. It found that the primary judge had not erred in her assessment of specific deterrence and that the sentence was not manifestly excessive. The court held that the primary judge had correctly considered the principles of sentencing and the specific circumstances of the case. The court found that the primary judge's reasons were comprehensive and that the sentence was within the range of acceptable outcomes for the crime committed. The appeal was therefore dismissed.
The final orders of the court were that the appeal was dismissed and the original sentence was upheld. The court found no error in the primary judge's assessment of specific deterrence and no basis to conclude that the sentence was manifestly excessive. The sentence imposed by the primary judge remained valid.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.