Saed Al-Marzouq v R [2013] NSWCCA 112

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Saed Al-Marzouq v R [2013] NSWCCA 112 Hearing dates: 12 April 2013 Decision date: 20 May 2013 Before: Simpson J at [1]; Harrison J at [2]; Button J at [32] Decision: 1. Grant leave to appeal. 2. Set aside the sentences imposed by Freeman DCJ on 10 June 2011. 3. In lieu of those sentences, the applicant is sentenced as follows: (a) On the count of receiving on 4 August 2010, and taking into account the items on the Form 1, sentenced to a non-parole period of 12 months commencing on 10 February 2011 expiring on 9 February 2012 with a balance of term of 6 months commencing on 10 February 2012 expiring on 9 August 2012. (b) On the first count of dishonestly obtain financial advantage by deception on 4 August 2010, sentenced to a non-parole period of 6 months commencing on 10 April 2011 expiring on 9 October 2011 with a balance of term of 3 months commencing on 10 October 2011 expiring on 9 January 2012. (c) On the second count of dishonestly obtain financial advantage by deception on 4 August 2010, sentenced to a non-parole period of 6 months commencing on 10 April 2011 expiring on 9 October 2011 with a balance of term of 3 months commencing on 10 October 2011 expiring on 9 January 2012. (d) On the count of aggravated break and enter with intent to commit a serious indictable offence on 10 August 2010, and taking into account the items on the Form 1, sentenced to a non-parole period of 12 months commencing on 10 June 2011 expiring on 9 June 2012 with a balance of term of 6 months commencing on 10 June 2012 expiring on 9 December 2012. (e) On the count of aggravated break, enter and steal in company on 20 August 2010, sentenced to a non-parole period of 12 months commencing on 10 September 2011 expiring on 9 September 2012 with a balance of term of 6 months commencing on 10 September 2012 expiring on 9 March 2013. (f) On the count of aggravated break, enter and steal on 5 September 2010, sentenced to a non-parole period of 12 months commencing on 10 December 2011 expiring on 9 December 2012 with a balance of term of 6 months commencing on 10 December 2012 expiring on 9 June 2013. (g) On the count of aggravated break, enter and steal on 6 September 2010, sentenced to a non-parole period of 12 months commencing on 10 March 2012 expiring on 9 March 2013 with a balance of term of 6 months commencing on 10 March 2013 expiring on 9 September 2013. (h) On the count of aggravated steal in dwelling house and break out on 14 September 2010, sentenced to a non-parole period of 12 months commencing on 10 June 2012 expiring on 9 June 2013 with a balance of term of 12 months commencing on 10 June 2013 expiring on 9 June 2014. Catchwords: CRIMINAL LAW - appeal - appeal against sentence - whether sentence manifestly excessive Category: Principal judgment Parties: Saed Al-Marzouq (Applicant) The Crown (Respondent) Representation: Counsel: B J Rigg (Applicant) T Smith (Crown) Solicitors: Legal Aid NSW (Applicant) Solicitors for Public Prosecutions (Crown) File Number(s): 2010/428067 Publication restriction: Nil Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-06-10 00:00:00 Before: Freeman DCJ File Number(s): 2010/428067