R v Mohamad Issam HAMIED [2007] NSWCCA 151

New South Wales Court of Criminal Appeal

CITATION: R v Mohamad Issam HAMIED [2007] NSWCCA 151

HEARING DATE(S): 30 May 2007

JUDGMENT DATE: 8 June 2007

JUDGMENT OF: Tobias JA at 1; Latham J at 1; Fullerton J at 1

DECISION: Crown Appeal Dismissed

CATCHWORDS: Sentence - Crown Appeal - Henry guideline - lenient sentence, not manifestly inadequate.

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Henry & Ors. (1999) 46 NSWLR 346 R v SDM [2001] NSWCCA 158 CASES CITED: R v Griggs [2000] NSWCCA 33 R v Fidow [2004] NSWCCA 172 R v Simpson (2001) 53 NSWLR 704 ; 126 A Crim R 525 R v Wall [2002] NSWCCA 42

PARTIES: Regina - Crown Applicant Respondent - Mohamad Issam Hamied

FILE NUMBER(S): CCA 2007/1036

COUNSEL: Crown Applicant - B Dawe QC Respondent: A Francis

SOLICITORS: Crown Applicant - S Kavanagh Respondent - Forsters

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0686

LOWER COURT JUDICIAL OFFICER: Murrell SC DCJ

LOWER COURT DATE OF DECISION: 20 April 2007

IN THE COURT OF CRIMINAL APPEAL 2007/1036

TOBIAS JA LATHAM J FULLERTON J

8 JUNE 2007 REGINA v MOHAMAD ISSAM HAMIED Judgment 1 THE COURT : On 30 May 2007, this Court dismissed a Crown appeal against the asserted inadequacy of a sentence imposed upon the respondent by her Honour Judge Murrell SC on 20 April 2007. The following constitute the Court's reasons for that dismissal. 2 The respondent pleaded guilty on 28 November 2006, shortly before the jury was to be empanelled for the respondent's trial, to a charge of assault with intent to rob whilst armed with a dangerous weapon, pursuant to s 97(2) of the Crimes Act 1900. The offence carries a maximum penalty of 25 years imprisonment. The respondent was sentenced to 18 months imprisonment, commencing on 16 February 2006, with a balance of term of 18 months, expiring 15 February 2009. 3 Her Honour's summary of the facts was taken from a statement of agreed facts, to which no issue has been taken for present purposes. The relevant portions of her Honour's remarks on sentence are as follows :- During the afternoon of Thursday 16 February 2006, telephone calls were made between members of a group which included the offender. Other members of the group of telephone communicants were Michael Maglis, who was the receiver or instigator of many calls, and the co-offenders, David Fepuleai and Michael Tarazi. The offender was first involved in telephone communication with members of the group at approximately 3 p.m. in the afternoon.