NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: MERHI v REGINA [2009] NSWCCA 9
HEARING DATE(S): Friday 7 November 2008
JUDGMENT DATE: 12 February 2009
JUDGMENT OF: McClellan CJatCL at 1; Hall J at 2; Harrison J at 72
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – appeal against severity of sentence – grounds for interference – whether sentence manifestly excessive – whether disparity in sentences between co-offenders – consideration of seriousness of offence and applicant's substantial role in commission of offence – where appeal dismissed
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1996-1997) 189 CLR 295 CASES CITED : Regina v Harris (2007) 171 A Crim R 267 Regina v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 Regina v Mungomery (2004) 151 A Crim R 376 Regina v Thomson & Houlton [2000] NSWCCA 309; (2001) 49 NSWLR 383
PARTIES: Safi MERHI v REGINA
FILE NUMBER(S): CCA No 2007/4176
COUNSEL: Crown: P Calvert App: N Steel
SOLICITORS: Crown: S Kavanagh App: S O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/21/3137
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
LOWER COURT DATE OF DECISION: 13 September 2007
IN THE COURT OF CRIMINAL APPEAL 2007/4176
McCLELLAN CJ at CL HALL J HARRISON J
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