R v Tannous; R v Fahda; R v Dib [2012] NSWCCA 243

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Tannous; R v Fahda; R v Dib [2012] NSWCCA 243 Hearing dates: 21 and 23 August 2012 Decision date: 21 November 2012 Before: Basten JA at [1]; Hall J at [91]; Beech-Jones J at [92] Decision: In respect of the respondent Tannous: (1) Set aside the sentence imposed by Syme DCJ in the District Court on 27 January 2012. (2) Resentence the offender as follows: (a) with respect to the offence of participating in a criminal group, contrary to s 93T(1) of the Crimes Act, impose a fixed term of imprisonment of 12 months to date from 27 January 2012; (b) with respect to the offence of facilitating organised car rebirthing, contrary to s 154G(1) of the Crimes Act, impose a sentence of imprisonment consisting of a non-parole period of 18 months and a balance of term of nine months, commencing on 27 July 2012. (3) Direct that the time served by the offender pursuant to the sentence imposed in the District Court is to count as part of the sentence imposed by this Court. (4) Direct that Mr Tannous be released on parole on 26 January 2014. In respect of the respondent Fahda: (1) Set aside the sentence imposed by Syme DCJ in the District Court on 27 January 2012. (2) Resentence the offender as follows: With respect to the offence of facilitating organised car rebirthing, contrary to s 154G(1) of the Crimes Act, impose a sentence consisting of a non-parole period of 20 months and a balance of term of 12 months, commencing on 27 January 2012. (3) The time served by the offender pursuant to the sentence imposed in the District Court is to count as part of the sentence imposed by this Court. (4) Direct that Mr Fahda be released on parole on 26 September 2013. In respect of the respondent Dib: (1) Set aside the sentence imposed by Syme DCJ in the District Court on 23 February 2012. (2) Resentence the offender as follows: With respect to the offence of facilitating organised car rebirthing, contrary to s 154G(1) of the Crimes Act, impose a sentence consisting of a non-parole period of 20 months and a balance of term of 12 months, commencing on 23 February 2012. (3) The time served by the offender pursuant to the sentence imposed in the District Court is to count as part of the sentence imposed by this Court. (4) Direct that Mr Dib be released on parole on 22 October 2013. Catchwords: CRIMINAL LAW - appeal against sentence - evidence of offender's experience of sentence prior to appeal - whether open to offender to rely on such evidence to demonstrate that sentence unduly severe or not unduly lenient - such whether evidence may be taken into account upon re-sentencing