Regina v Eddie AZZI [2004] NSWCCA 398

New South Wales Court of Criminal Appeal

CITATION : Regina v Eddie AZZI [2004] NSWCCA 398 HEARING DATE(S) : 10th November 2004 JUDGMENT DATE : 26 November 2004

JUDGMENT OF : Dunford J at 1; Simpson J at 2; Hidden J at 3 DECISION : Leave to appeal granted, appeal dismissed.

CATCHWORDS : CRIMINAL LAW - application for leave to appeal against sentence - attempted sexual intercourse without consent - indecent assault (4) - offences committed by hairdresser upon female clients - challenge to findings of fact by sentencing judge - challenge to structure of sentences LEGISLATION CITED : Criminal Appeal Act Crimes Act CASES CITED : The Queen v De Simoni (1981) Pearce v The Queen (1998) PARTIES : Regina (respondent) Eddie AZZI (applicant) FILE NUMBER(S) : CCA 2004/2050 COUNSEL : P Power SC (Crown) G Nicholson QC (applicant) SOLICITORS : S Kavanagh (Crown) Patricia White & Associates (applicant)

LOWER COURT District Court JURISDICTION : LOWER COURT 31/01/2002; 02/11/0092 FILE NUMBER(S) : LOWER COURT Steward ADCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 2004/2050 CCAP

DUNFORD J SIMPSON J HIDDEN J

Friday 26 November 2004 Regina v Eddie AZZI Judgment 1 DUNFORD J: I agree with Hidden J. 2 SIMPSON J: I agree with Hidden J. 3 HIDDEN J: The applicant, Eddie Azzi, pleaded guilty in the District Court to a charge of attempted sexual intercourse without consent, an offence under s61I and s61P of the Crimes Act which carries a maximum sentence of fourteen years imprisonment, and four charges of indecent assault, an offence under s61L of the Act which carries a maximum sentence of five years. He also asked that two offences of committing an act of indecency towards a person above the age of sixteen years (s61N(2)) be taken into account on a Form 1. On each of the charges of indecent assault, taking into account the offences on the Form 1, he was sentenced to concurrent fixed terms of imprisonment for two years, to commence on 20 June 2003. On the charge of attempted sexual intercourse without consent he was sentenced to a wholly cumulative term of imprisonment for four years with a non-parole period of two years. The aggregate sentence, then, was six years with a non-parole period of four years. He seeks leave to appeal against those sentences. 4 The application is several months out of time but an explanation for the delay has been provided. At the hearing, there being no opposition from the Crown, the Court granted an extension of time.