Gebara v R [2012] NSWCCA 107

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Gebara v R [2012] NSWCCA 107 Hearing dates: 25 May 2012 Decision date: 25 May 2012 Before: Basten JA at 33 Hoeben JA at 34 McCallum J at 1 Decision: Leave granted to appeal against sentence. Appeal dismissed. Catchwords: CRIME - sentence - aggravated armed robbery - whether sentencing judge erred in failing to give adequate consideration to contents of medical reports - whether erred in failing properly to distinguish applicant's role from that of his co-offenders - whether erred in characterising offences as being more serious than the category of offence considered in the Henry guideline judgment. Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Johnson v R; Moody v R [2010] NSWCCA 124 R v Baker [2000] NSWCCA 85 R v Henry (1999) 46 NSWLR 436 Yang v R [2012] NSWCCA 49 Category: Principal judgment Parties: Khaled Gebara (applicant) Crown (respondent) Representation: W Flynn (applicant) F Veltro (Crown) Mitry Lawyers (applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/139133 2010/139153 Publication restriction: None Decision under appeal Date of Decision: 2011-02-04 00:00:00 Before: Knox DCJ File Number(s): 2010/139133 2010/139153