Akkawi v R; Akkawi v R [2012] NSWCCA 11

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Akkawi v R; Akkawi v R [2012] NSWCCA 11 Hearing dates: 29 November 2011 Decision date: 17 February 2012 Before: Simpson J at [1] Blanch J at [103] Rothman J at [104] Decision: 1. Grant leave to appeal, allow the appeal, and re-sentence the applicants as follows: Mark Akkawi: Count 1: imprisonment for 5 years and 6 months, commencing on 29 May 2008 and expiring on 28 November 2013, with a non-parole period of 3 years and 3 months, expiring on 28 August 2011; Count 2: (taking into account the Form 1 offences) imprisonment for 6 years, commencing on 29 May 2009 and expiring on 28 May 2015, with a non-parole period of 4 years, expiring on 28 May 2013. Paul Akkawi: Count 1: imprisonment for 5 years and 6 months, commencing on 29 May 2008 and expiring on 28 November 2013, with a non-parole period of 3 years and 3 months, expiring on 28 August 2011; Count 2: imprisonment for 6 years, commencing on 29 May 2009 and expiring on 28 May 2015, with a non-parole period of 4 years, expiring on 28 May 2013; Count 3: (taking into account the Form 1 offences) imprisonment for 6 years, commencing on 29 August 2011 and expiring on 28 August 2017, with a non-parole period of 2 years and 9 months, expiring on 28 May 2014. Catchwords: CRIMINAL LAW - application for leave to appeal against sentences - pleas of guilty - aggravated detain for advantage - kidnapping - robbery in company - discharging a firearm with intent to cause grievous bodily harm - manifestly excessive sentences - special circumstances - parity of sentencing - aggregate non-parole periods - mental health - psychiatric illness - specific deterrence - s33A(1)(a) Crimes Act 1900 - s 86(2)(a) Crimes Act 1900 - s 97(1) Crimes Act 1900 - Pt 3 Div 3 Crimes (Sentencing Procedure) Act 1999 - s 9 Crimes (Sentencing Procedure) Act 1999 - s 11 Crimes (Sentencing Procedure) Act 1999 - s 44 Crimes (Sentencing Procedure) Act 1999 Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Hili v The Queen [2010] HCA 45 R v Hemsley [2004] NSWCCA 228 R v Israil [2002] NSWCCA 255 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Thomson v R; Moody v R [2010] NSWCCA 124 Williams v R; Saunders v R [2006] NSWCCA 33 Category: Principal judgment Parties: Mark Akkawi (Applicant) Regina (Respondent) Paul Akkawi (Applicant) Regina (Respondent) Representation: Counsel S Hanley SC (Mark Akkawi) G Turnbull SC (Paul Akkawi) F Veltro (Respondent) Solicitors Jack Rigg Solicitors (Mark Akkawi) Jack Rigg Solicitors (Paul Akkawi) Directors of Public Prosecutions (Respondent) File Number(s): 09/5903; 09/5904 Decision under appeal Citation: N/A Date of Decision: 2010-12-03 00:00:00 Before: Colefax DCJ File Number(s): 09/5903; 09/5904