NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Alseedi v R [2009] NSWCCA 185
HEARING DATE(S): 30 June 2009
JUDGMENT DATE: 16 July 2009
JUDGMENT OF: Giles JA at 1; Hidden J at 68; McCallum J at 69
DECISION: (1) Appeal against conviction dismissed. (2) Leave to appeal against sentence granted; appeal allowed. (3) Uphold the sentences on Counts 1 and 2. Quash the sentence pronounced on 3 October 2008 on Count 3 in the District Court. In lieu thereof sentence the appellant to imprisonment with a non-parole period of 4 years commencing on 11 August 2008 and expiring on 10 August 2012 and a balance of term of 3 years commencing on 11 August 2012 and expiring on 10 August 2015.
CATCHWORDS: Criminal law - conviction appeal - charges of indecent assault and sexual intercourse without consent - whether open to jury to be satisfied of guilt beyond reasonable doubt - on facts, was open - no question of principle - sentence appeal - error in decling to find good prospects of rehabilitation - only stated reason that continued to maintain innocence - other favourable matters - gave stated reason undue weight without proper regard to the other matters - offender resentenced.
CASES CITED : R v AJP [2004] NSWCCA 434; (2004) 150 A Crim R 575; Zaphir v R [2009] NSWCCA 124.
PARTIES: Jasim Alseedi - Appellant The Crown - Respondent
FILE NUMBER(S): CCA 2008/4257
COUNSEL: W Terracini SC & J Trevallion - Appellant P Leask - Crown
SOLICITORS: B Archbold - Appellant S Kavanagh - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11/0729
LOWER COURT JUDICIAL OFFICER: Berman DCJ
LOWER COURT DATE OF DECISION: 3 October 2008 (Sentence)
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