Sowaid v R [2011] NSWCCA 177

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sowaid v R [2011] NSWCCA 177 Hearing dates: 28 July 2011 Decision date: 08 August 2011 Before: Basten JA at 1, Simpson J at 2, Garling J at 49 Decision: 1. Grants the applicant an extension of time within which to seek leave to appeal against her sentence. 2. Grants leave to appeal. 3. Dismiss the appeal. Catchwords: CRIMINAL LAW - application for leave to appeal against severity of sentence - verdict following jury trial - two counts doing an act with intention of dishonestly causing a loss to a Commonwealth entity - importation of tobacco - false declarations made to avoid customs duty payable - offences premeditated and committed for financial gain - family hardship - exceptional circumstances not established - no error in assessment of objective gravity - application for extension of time allowed - leave granted - appeal dismissed Legislation Cited: Crimes Act 1914 Criminal Code Cases Cited: Markovic v R; Pantelic v R [2010] VSCA 105 Mokhaiver v R [2011] NSWCCA 10 R v Luong [2000] NSW CCA 139 R v Tiki (CCA, NSW, 24 August 1994, unreported) R v Togias [2001] NSWCCA 522; 128 Crim R 23 Category: Principal judgment Parties: Nada Sowaid (Applicant) Regina (Respondent) Representation: Counsel Hament Dhanji SC (Applicant) Neil Adams (Crown) Solicitor Warren F Ball & Co (Applicant) Commonwealth DPP (Respondent) File Number(s): 2009/15207; 2009/112220 Decision under appeal Citation: [2010] NSWDC 193 Date of Decision: 2010-09-03 00:00:00 Before: King DCJ File Number(s): 2009/15207; 2009/112220