R v. ZREIKA [2001] NSWCCA 373

New South Wales Court of Criminal Appeal

CITATION : R v. ZREIKA [2001] NSWCCA 373 FILE NUMBER(S) : CCA 60767/00 HEARING DATE(S) : 4 September 2001 JUDGMENT DATE : 21 September 2001

PARTIES : Regina - Respondent Mahmoud ZREIKA - Appellant JUDGMENT OF : Hodgson JA at 1; Dowd J at 72; Carruthers AJ at 73

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0287; 99/11/0530 LOWER COURT JUDICIAL Naughton DCJ OFFICER :

COUNSEL : Mr. D. Patch for Appellant Mr. W. Dawe QC for Respondent SOLICITORS : Galloways, Sydney for appellant S.E. O'Connor, Sydney for respondent CATCHWORDS : CRIMINAL LAW - Appeal against conviction - Possession of recently-stolen property - Other evidence from which knowledge that property stolen could be inferred - Whether directions adequate - Allegation of unfairly prejudicial remarks by trial judge - No point taken at trial - Whether leave should be given to rely on this ground. DECISION : Appeal against conviction dismissed.; Application for leave to appeal against sentence dismissed.

IN THE COURT OF CRIMINAL APPEAL 60767/00

Hodgson JA Dowd J Carruthers AJ Friday 21 September 2001 R v. Mahmoud ZREIKA

Judgment 1 HODGSON JA: On 8th November 2000, the appellant was convicted on four counts of receiving a motor vehicle knowing when he did so it was stolen, after a trial before Naughton DCJ which lasted thirteen days.

2 On 21st January 2001, the trial judge sentenced the appellant. On one of the four charges, he sentenced the appellant to one and a half years' imprisonment commencing on 8th November 2000 and expiring on 7th May 2002; and on each of the other three charges, he sentenced the appellant to two years' imprisonment to be served concurrently, commencing on 8th May 2002 and expiring on 7th May 2004. In relation to the latter sentence, the trial judge set a non-parole period of one and a half years expiring on 7th November 2003.