SLEIMAN v R [2008] NSWCCA 117

New South Wales Court of Criminal Appeal

CITATION: SLEIMAN v R [2008] NSWCCA 117

HEARING DATE(S): 19 May 2008

JUDGMENT DATE: 2 June 2008

JUDGMENT OF: James J at 1; Hislop J at 49; Hoeben J at 50

DECISION: Grant leave to appeal against sentence. Dismiss the appeal against sentence.

CATCHWORDS: CRIMINAL LAW - Sentencing - no question of principle

LEGISLATION CITED: Crimes (Sentencing Procedure) Act Crimes Act

CASES CITED : R v Fidow [2004] NSWCCA 172

PARTIES: SLEIMAN, Fadi v R

FILE NUMBER(S): CCA 2007/4929

COUNSEL: I A Todd (Applicant) J Dwyer (Crown)

SOLICITORS: Nicopoulos & Associates (Applicant) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/0395

LOWER COURT JUDICIAL OFFICER: Sweeney DCJ

LOWER COURT DATE OF DECISION: 26 October 2007

IN THE COURT OF CRIMINAL APPEAL

2007/4929

JAMES J HISLOP J HOEBEN J

MONDAY 2 JUNE 2008 SLEIMAN, Fadi v R Judgment 1 JAMES J: Fadi Sleiman applied for leave to appeal against a sentence imposed on him in the District Court by her Honour Judge Sweeney on 26 October 2007 on a charge of maliciously damaging property. Her Honour imposed a sentence of a non-parole period of 18 months commencing on 26 October 2007, the date of sentencing, and expiring on 25 April 2009 and a balance of the term of six months. 2 Maliciously damaging property was an offence under s 195(1)(a) of the Crimes Act for which the maximum penalty was imprisonment for five years. There was no standard non-parole period.