NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Skaf, Bilal v R Skaf, Mohammed v R [2008] NSWCCA 303 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 20 June 2008
JUDGMENT DATE: 17 December 2008
JUDGMENT OF: McClellan CJ at CL; Hidden J; Howie J
1.Both appeals against conviction are dismissed 2.In relation to Bilal Skaf: (a) Leave to appeal against sentence is granted, the appeal is allowed, and the sentences passed by Mathews AJ are quashed. In lieu, the appellant is sentenced as follows: · On the second count, imprisonment for 15 years, commencing on 12 February 2021 and expiring on 11 February 2036, with a non-parole period of 9 years, expiring on 11 February 2030 DECISION: · On the third count imprisonment for 12 years, commencing on 12 February 2025 and expiring on 11 February 2037, with a non-parole period of 6 years, expiring on 11 February 2031 Thus, the appellant's total sentence will expire on 11 February 2037, and he will be eligible for release on parole on 11 February 2031 3. In relation to Mohammed Skaf: (a) Leave to appeal against sentence is granted and the appeal is allowed (b) The sentence passed by Mathews AJ is quashed and, in lieu, the appellant is sentenced to imprisonment for 12 years, commencing on 2 January 2012 and expiring on 1 January 2024, with a non-parole period of 6 years, expiring on 1 January 2018. Thus, the appellant's total sentence will expire on 1 January 2024, and he will be eligible for release on parole on 1 January 2018.
CATCHWORDS: CRIMINAL LAW - jurisdiction, practice and procedure - adjournment, stay of proceedings or order restraining proceedings - stay of proceedings - pre-trial publicity and publicity during trial - whether proceedings should be permanently stayed - whether appellants received a fair trial - CRIMINAL LAW - evidence - evidentiary matters relating to witnesses and accused persons - identification evidence - direction to jury - adequacy of warning - whether trial judge erred in directing jury that they could use other evidence in Crown case to bolster identification evidence - CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - appeal against sentence - appeal by convicted persons - applications to reduce sentence - when granted
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