Regina v Said El Masri [2005] NSWCCA 167

New South Wales Court of Criminal Appeal

CITATION: Regina v Said El Masri [2005] NSWCCA 167

HEARING DATE(S): 27 April 2005

JUDGMENT DATE: 29 April 2005

JUDGMENT OF: Hunt AJA at 1; Hulme J at 2; Johnson J at 3

DECISION: 1. Leave to appeal is granted; 2. Appeal is allowed and sentence by way of community service order for 300 hours imposed at the Parramatta District Court on 9 June 2004 is quashed; 3. A community service order is made under s.8(1) Crimes (Sentencing Procedure) Act 1999 directing the Applicant to perform community service work for a period of 100 hours; 4. The Applicant is to report to Bankstown Probation and Parole Office within seven days.

CATCHWORDS: SENTENCING - assault occasioning actual bodily harm under s.59(1) Crimes Act 1900 - applicant pleaded guilty to s.59(1) offence following acquittal on more serious related offence in District Court - community service order of 300 hours imposed - whether allowance made for fact that summary disposal in Local Court was both open and appropriate - use of sentencing statistics for s.59(1) offences in Local Court.

Crimes Act 1900 Criminal Procedure Act 1986 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912

Dinsdale v The Queen (2000) 202 CLR 321 R v Crombie [1999] NSWCCA 297 R v Majors (1991) 27 NSWLR 624 R v Doan (2000) 50 NSWLR 115 R v Sandford (1994) 72 A Crim R 160 R v Griggs (1999) 109 A Crim R 484 CASES CITED: R v LPY (2002) 135 A Crim R 237 R v Hanslow [2004] NSWCCA 163 R v Depoma [2003] NSWCCA 382 Re Attorney-General's Application under s.37 Crimes (Sentencing Procedure) Act 1999 (No. 2 of 2002) (2002) 137 A Crim R 196 R v Salameh (1991) 55 A Crim R 384 R v Bloomfield (1998) 44 NSWLR 734 R v Vachalec (1981) 1 NSWLR 351