Regina v Mohamed Sanoussi [2005] NSWCCA 323

New South Wales Court of Criminal Appeal

CITATION: Regina v Mohamed Sanoussi [2005] NSWCCA 323

HEARING DATE(S): 25 July 2005

JUDGMENT DATE: 16 September 2005

JUDGMENT OF: Studdert J; Bell J; Latham J

DECISION: (1) Leave to appeal is granted. (2) The appeal against the sentences imposed is allowed and the sentences imposed in the District Court are quashed. (3) In lieu thereof, the applicant is sentenced as follows:- Counts 1 and 6: Three years' imprisonment to date from 26 September 2000, expiring on 25 September 2003. Count 3: Eleven years three months' imprisonment to date from 26 September 2000, expiring 25 December 2011. A non parole period of five years is specified, to expire on 25 September 2005. Count 4: Eight years' imprisonment to date from 26 September 2000, expiring on 25 September 2008. A non-parole period of four years is specified, to expire 25 September 2004. Count 2: Three years' imprisonment to date from 26 September 2002 expiring on 25 September 2005. Count 5: Eight years' imprisonment to date from 26 September 2002, to expire on 25 September 2010. A non parole period of three years is specified, to expire on 25 September 2005. Charge 1 (30 August 2000): Eleven years' imprisonment to date from 26 September 2005, expiring on 25 September 2016. A non parole period of five years is specified, to expire on 25 September 2010. Charge 2: Three years' imprisonment to date from 26 September 2005, expiring on 25 September 2008. The first date upon which the applicant will be eligible for release to parole is 25 September 2010.

CATCHWORDS: Aggravated sexual assault - detention of complainant - offences committed in company when a juvenile - planning - offences committed as principal in the first degree distinguished from offences committed as aider and abetter - totality.