NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Hello v R; El-Skaf v R; Bakkour v R; Hosainy v R [2010] NSWCCA 311 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 20 September 2010
JUDGMENT DATE: 15 December 2010
JUDGMENT OF: Latham J at 1; Rothman J at 62; Price J at 68
HELLO - (Applicant 1) 1. Leave to appeal granted. 2. Appeal allowed 3. Quash the sentence imposed on 24 November 2009 and in lieu, a non parole period of 2 years is imposed, to date from 17 November 2009, expiring 16 November 2011, with a balance of term of 17 months, expiring 16 April 2013. The applicant is eligible for release on 17 November 2011. EL-SKAF - (Applicant 2) 1. Leave to appeal granted. DECISION: 2. Appeal dismissed BAKKOUR - (Applicant 3) 1. Leave to appeal granted 2. Appeal dismissed HOSAINY - (Applicant 4) 1. Leave to appeal granted 2. Appeal dismissed
CATCHWORDS: CRIMINAL LAW - appeals against sentence - pleas of guilty to one count of knowingly facilitate car rebirthing activity on an organised basis, pursuant to s 154G(1) of the Crimes Act 1900 - whether Judge erred in assessment of objective gravity of offences - whether disparity of sentence between co-offenders - whether Judge failed to take into account one offender's onerous bail conditions - whether sentences manifestly excessive.
Crimes Act 1900 LEGISLATION CITED: Firearms Act 1996 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
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