Hesham ELSOBKY v REGINA [2006] NSWCCA 168

New South Wales Court of Criminal Appeal

CITATION: Hesham ELSOBKY v REGINA [2006] NSWCCA 168

HEARING DATE(S): 22 May 2006

JUDGMENT DATE: 26 May 2006

JUDGMENT OF: James J at 1; Hidden J at 2; Hoeben J at 26

DECISION: Leave to appeal granted, appeal dismissed.

CATCHWORDS: CRIMINAL LAW: - Application for leave to appeal against sentence - accessory after the fact to armed robbery - whether appropriate weight given to plea of guilty - hardship to applicant's family as a result of his imprisonment - whether sentence manifestly excessive

R v Thomson & Houlton (2000) 49 NSWLR 383 CASES CITED: R v Edwards (1996) 90 A Crim R 510 R v Wirth (1976) 14 SASR 291 R v Readman (1990) 47 A Crim R 181

PARTIES: Hesham ELSOBSKY (applicant) REGINA (respondent)

FILE NUMBER(S): CCA 2006/564

COUNSEL: Hesham Elsobky (applicant in person unrepresented) D Arnott SC (respondent)

SOLICITORS: Hesham ELSOBKY (applicant unrepresented) S Kavanagh - Solicitor for Public Prosecutions (respondent)

LOWER COURT JURISDICTION: District Court

04/21/3000 LOWER COURT FILE NUMBER(S):

LOWER COURT JUDICIAL OFFICER: Nield DCJ

IN THE COURT OF CRIMINAL APPEAL 2006/564

JAMES J HIDDEN J HOEBEN J

Friday 26 May 2006 Hesham ELSOBKY v REGINA Judgment 1 JAMES J: I agree with Hidden J. 2 HIDDEN J: The applicant, Hesham Elsobky, pleaded guilty in the District Court to a charge of accessory after the fact to armed robbery, an offence carrying a maximum sentence of imprisonment for fourteen years. Nield DCJ sentenced him to imprisonment for two and a half years, comprising a non-parole period of one year and three months and a balance of term of the same length, dating from 10 May 2005. The non-parole period will expire on 9 August 2006, about two and a half months hence. 3 The applicant seeks leave to appeal against that sentence. He appeared unrepresented, and relied upon written submissions and some accompanying documents which he had forwarded to the registry. He supplemented this material by oral argument.