R v Mohammed Skaf [2005] NSWCCA 298

New South Wales Court of Criminal Appeal

CITATION: R v Mohammed Skaf [2005] NSWCCA 298

HEARING DATE(S): 26 July 2005

JUDGMENT DATE: 16 September 2005

JUDGMENT OF: Studdert J; Bell J; Latham J

DECISION: Leave to appeal against the sentences imposed is granted, and the appeal is allowed. The sentences imposed in respect of counts 1 and 2 are confirmed. The sentence imposed in respect of count 14 is quashed. In lieu thereof, the applicant is sentenced to a term of imprisonment of five years to commence on 1 January 2005 and to expire on 31 December 2009. The sentence imposed in respect of count 15 is quashed. In lieu thereof, the applicant is sentenced to imprisonment for a term of fifteen years, also to commence on 1 January 2005 and to expire on 31 December 2019, with a non parole period to commence on 1 January 2005 and to expire on 2 January 2012. The first date upon which the applicant will be eligible for release upon parole is 2 January 2012.

CATCHWORDS: Criminal law - application for leave to appeal against sentences - detention of complainant for advantage - aggravated sexual intercourse without consent (in company) - whether errors in findings and approach by sentencing judge - whether sentences manifestly excessive.

Children (Criminal Proceedings) Act, s 6 LEGISLATION CITED: Crimes Act, s 61J, 90A Crimes (Sentencing Procedure) Act, ss 33, 44, 59

Ibbs v The Queen (1987) 163 CLR 447 Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 R v Bailey (1998) 35 A Crim R 458 R v Jones (1993) 70 A Crim R 449 CASES CITED: R v AEM & Ors [2002] NSWCCA 58 R v B. Skaf & M. Skaf (2004) 60 NSWLR 86 R v Smith (1987) 44 SASR 857 Ryan v The Queen (2001) 206 CLR 267 Veen v The Queen (No. 2) (1987-1988) 164 CLR 465