NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Chami [2005] NSWCCA 299
HEARING DATE(S): 25 July 2005
JUDGMENT DATE: 16 September 2005
JUDGMENT OF: Studdert J; Bell J; Latham J
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: Criminal law - application for leave to appeal against sentences - aggravated sexual intercourse without consent (in company) - detention of complainant for advantage - whether errors in findings by sentencing judge - whether sentences manifestly excessive.
Crimes Act, ss 61J, 90A LEGISLATION CITED: Criminal Appeal Act, s 6(3)
R v AEM Snr; R v KEM; R v MM [2002] NSWCCA 58 R v Gray (1977) VR 225 R v H [2005] NSWCCA 282 R v Hajeid [2005] NSWCCA 262 CASES CITED: R v Mahmoud Sanoussi [2005] NSWCCA R v Mohammad Sanoussi [2005] NSWCCA R v Bilal Skaf [2005] NSWCCA 297 R v Mohammed Skaf [2005] NSWCCA 298 Siganto v The Queen (1998) 194 CLR 656
PARTIES: Regina v Mahmoud Chami
FILE NUMBER(S): CCA 2003/3231
D. Arnott (Crown) COUNSEL: P. Byrne SC (Applicant)
S. Kavanagh (Crown) SOLICITORS: Andrews Lawyers (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 01/11/1201
LOWER COURT JUDICIAL OFFICER: Finnane DCJ
IN THE COURT OF CRIMINAL APPEAL 2003/3231
STUDDERT J BELL J LATHAM J
Friday 16 September 2005 REGINA v MAHMOUD CHAMI Judgment 1 THE COURT: The applicant, Mahmoud Chami, seeks leave to appeal against sentences imposed by his Honour Judge Finnane QC on 9 August 2002. The applicant had earlier stood trial with three other men, including Bilal Skaf and Mohammed Skaf, arising out of events that occurred on 30 August 2000. The applicant was found guilty on two counts:
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