Abounader v R [2013] NSWCCA 106

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Abounader v R [2013] NSWCCA 106 Hearing dates: 22 April 2013 Decision date: 16 May 2013 Before: Price J; Davies J; Barr AJ Decision: 1. Grant leave to appeal 2. Dismiss the appeal Catchwords: CRIMINAL LAW: sentence appeal - riot- fight between warring motorcycle clubs- guilty plea- parity- whether justifiable sense of grievance- offer of guilty plea rejected by Crown- whether discount sufficient. Legislation Cited: Crimes Act 1900 Cases Cited: Green v The Queen [2011] HCA 49 Jimmy v R [2010] NSWCCA 60 Khan v R [2012] NSWCCA 132 R v Eken; R v Potrus [2012] NSWSC 2 R v Kisacanin [2012] NSWSC 91 Tatana v R [2006] NSWCCA 398 Category: Principal judgment Parties: Farres Abounader (Applicant) Regina (Respondent) Representation: Counsel: T Game SC (Applicant) J A Girdham SC (Respondent) Solicitors: AHA Taylor Lawyers (Applicant Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/64354 Decision under appeal Citation: R v Abounader [2012] NSWSC 1312 Date of Decision: 2012-10-26 00:00:00 Before: R A Hulme J File Number(s): 2009/64354

Judgment 1THE COURT: The applicant, Farres Abounader seeks leave to appeal against sentences imposed by R A Hulme J following his plea of guilty to a charge of riot contrary to s 93 (1) (b) Crimes Act 1900. His Honour sentenced the applicant to imprisonment for six years, commencing on 24 December 2009 and expiring on 23 December 2015 and set a non-parole period of four years, expiring on 23 December 2013.