NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Gabrieli v R [2023] NSWCCA 204 Hearing dates: 28 April 2023 Date of orders: 28 August 2023 Decision date: 28 August 2023 Before: Wright J; Wilson J; Fagan J Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence of 18 years with non-parole period of 13 years – where 36-year-old male applicant committed 19 sexual offences against four female complainants – offending over five months on four separate occasions – highly premeditated use of online dating apps to lure victims to applicant's residence –complainants were overborne throughout offending – no remorse – no compelling subjective case – sentence not manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Category: Principal judgment Parties: Rex (Crown) David Gabrieli (Applicant) Representation: Counsel: E Wilkins SC (Crown) D Brezniak (Applicant)
Solicitors: Solicitor for Director of Public Prosecutions NSW (Crown) Raihani Legal (Applicant) File Number(s): 2018/265453; 2018/381232 Publication restriction: No Decision under appeal Court or tribunal: District Court Sydney NSW Jurisdiction: Criminal Date of Decision: 22 October 2021 Before: Judge Noman SC File Number(s): 2018/265453; 2018/381232
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