Bazzi v R [2024] NSWDC 491

District Court New South Wales

Medium Neutral Citation: Bazzi v R [2024] NSWDC 491 Hearing dates: 21 May 2024; 2 August 2024 and 10 October 2024 Date of orders: 18 October 2024 Decision date: 18 October 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Appeal against the conviction is allowed. (2) I set aside the conviction and penalty imposed by the magistrate for sequence 006. (3) I set aside the forfeiture order that applies to sequence 006. (4) I vary the aggregate term of imprisonment to 18 months to date from 15 September 2023 and conclude on 14 March 2025. (5) I confirm the magistrate's order that pursuant to s7(1) Crimes (Sentencing Procedure) Act 1999 that the aggregate term of imprisonment is to be served by way of an ICO, and the conditions of the ICO imposed by the magistrate. Catchwords: CRIME — Appeals — Appeal against conviction Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review Act) 2001 Cases Cited: AG v Director of Public Prosecutions [2015] NSWCA 218 Charara v R [2006] NSWCCA 244 Fox v Percy (2003) 214 CLR 118 Gianoutsas v Glykis [2006] NSWCCA 137 Lumney v Director of Public Prosecutions [2021] NSWCA 186 McNab v Director of Public Prosecutions [2021] NSWCA 298 Category: Principal judgment Parties: Hussein Bazzi (Appellant) Rex (Crown) Representation: Solicitors: Legal Aid NSW (Appellant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2022/62736 Decision under appeal Court or tribunal: Downing Centre Jurisdiction: Local Court Date of Decision: 22 June 2023 Before: Magistrate Arms File Number(s): 2022/62736