Houri v R [2013] NSWCCA 279

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Houri v R [2013] NSWCCA 279 Hearing dates: 3 October 2013 Decision date: 12 November 2013 Before: Emmett JA at [1] R A Hulme J at [7] Bellew J at [52] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - aggravated armed robbery offences - offences committed whilst armed and in company against various hotels - factors amounting to special circumstances do not compel a reduction in non-parole component - special circumstances found in relation to individual sentences - asserted error in not reflecting finding of special circumstances in overall sentence - proportions in overall sentence reflected specifically stated intention of sentencing judge - no error - asserted lack of parity with co-offender - substantially different factual basis for each case - no legitimate basis for sense of grievance Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Caristo v R [2011] NSWCCA 7 Henderson v R [2012] NSWCCA 65 Jimmy v R [2010] NSWCCA 60; 77 NSWLR 540 Lau v R [2010] NSWCCA 43 R v Do [2005] NSWCCA 209 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 Category: Principal judgment Parties: Essa Houri (applicant) Regina (Respondent) Representation: Counsel: Mr P Linegar (Applicant) Ms N Adams SC (Crown) Solicitors: E. Diyab Solicitor for Public Prosecutions File Number(s): 2011/275869 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-12-12 00:00:00 Before: Wells SC DCJ File Number(s): 2011/275869