Zreika v R [2022] NSWCCA 262

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zreika v R [2022] NSWCCA 262 Hearing dates: 7 October 2022 Date of orders: 9 December 2022 Decision date: 09 December 2022 Before: Mitchelmore JA at [1] Davies at [2] Hamill J at [95] Decision: 1. Grant leave to appeal. 2. Uphold the appeal in respect of the aggregate sentence. 3. Quash the sentence imposed in the District Court on 8 June 2021. In lieu, sentence the appellant to an aggregate sentence of 3 years and 6 months' imprisonment commencing 4 June 2020 and expiring 3 December 2023 with a non-parole period of 2 years and 3 months expiring 3 September 2022. The appellant is now eligible for parole. Catchwords: Crime – Appeals – Appeal against sentence – aggregate sentence for fraudulent conduct offences – dishonestly attempting to obtain a financial advantage by deception – dishonestly obtaining financial advantage by deception - dishonestly intending to obtain a gain from a Commonwealth entity – ss 134.2 and 135.1 of the Criminal Code 1995 (Cth) – manifest excess – where amounts involved were relatively small - where offending occurred over relatively short period of time and generally employed unsophisticated methods – where aggregate sentence manifestly excessive Crime – Appeals – Appeal against sentence – whether sentencing judge's intervention in course of evidence of applicant was excessive – where credibility of applicant was serious issue – where interventions appropriate – where no appearance of bias of pre-judgment Legislation Cited: Crimes Act 1900 (NSW) s 192E Crimes Act 1914 (Cth) s 16BA Crimes (Sentencing Procedure) Act 1999 (NSW) s 10A Criminal Code (Cth) ss 134.2, 135.1, 145 Criminal Procedure Act 1986 s 166 Cases Cited: Ellis v R [2015] NSWCCA 262 Finnigan v R [2022] NSWCCA 181 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 R v Ryan [2002] NSWCCA 202; (2003) 141 A Crim R 403 Rami Mohamad v Regina [2005] NSWCCA 406 Zaky v R [2015] NSWCCA 161 Zaky v R (Cth) [2017] NSWCCA 141 Texts Cited: Nil Category: Principal judgment Parties: Yousef Zreika (Applicant) The King (Respondent) Representation: Counsel: A Moutasallem (Applicant) A Chhabra & A Payten (Respondent)