HAYEK v R [2006] NSWCCA 5

New South Wales Court of Criminal Appeal

CITATION: HAYEK v R [2006] NSWCCA 5 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 30 January 2006

JUDGMENT DATE: 30 January 2006

JUDGMENT OF: Giles JA at 1; Howie J at 12

EX TEMPORE JUDGMENT DATE: 01/30/2006

DECISION: Leave to appeal granted and any necessary extension of time granted. Appeal dismissed.

CATCHWORDS: Sentencing - whether excessive - matters on which applicant relied taken into account - applicant dealt with leniently - no question of principle.

Fadi HAYEK v R PARTIES:

FILE NUMBER(S): CCA 2005/1844

COUNSEL: Applicant in person P Power SC - Crown

SOLICITORS: S Kavanagh - Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 5/11/0045

LOWER COURT JUDICIAL OFFICER: Gibson DCJ

LOWER COURT DATE OF DECISION: 30/01/2006

IN THE COURT OF CRIMINAL APPEAL CCA 2005/1844 DC 5/11/0045

GILES JA HOWIE J

Monday 30 January 2006 Regina v Fadi HAYEK Judgment 1 GILES JA: The applicant pleaded guilty to the offences of taking and driving a conveyance without the consent of the owner and possessing implements to enter and drive a conveyance. The offences were under s 154A(1)(a) and (b) respectively of the Crimes Act 1900, and carried maximum penalties of imprisonment for five and seven years. Four summary offences were placed on a s 166 certificate, being in brief dangerous driving, possessing the prohibited drug methylamphetamine, carrying cutting weapons and driving while disqualified. It is, I think, unnecessary to relate the statutory basis for and the maximum penalties in relation to those offences. 2 The judge imposed partially concurrent and partially cumulative sentences amounting overall to a non-parole period of imprisonment for two years and one day, and an additional period of nine months, the overall sentences commencing on 14 July 2004. The applicant seeks leave to appeal against severity of sentence. Whether he also needs an extension of time for that purpose need not be gone into. 3 In short, the facts were these. On 14 July 2004 the applicant stole a car left unattended with the keys in the ignition. The police were notified, the car was seen and there was a high speed pursuit, in which the judge correctly described the driving as "a very bad drive in a manner dangerous". The pursuit was terminated because of the dangerous driving. The applicant was shortly thereafter located and arrested. He was found in possession of .02 grams of methylamphetamine, numerous car keys for obtaining entry into various makes of cars, and two folding knives. He was unlicensed, having been disqualified from driving since at least July 2001. 4 The applicant appeared unrepresented. His written submissions were as follows: "1. That I have shown remorse through out these charges and to prove that, I've pleaded guilty ASAP to all charges.