Youssef v R [2013] NSWCCA 308

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Youssef v R [2013] NSWCCA 308 Hearing dates: 20 November 2013 Decision date: 06 December 2013 Before: Hoeben CJ at CL at [1] Blanch J at [2] R A Hulme J at [3] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - wounding with intent to cause grievous bodily harm - aggravated kidnapping - sustained assault and restraint of intellectually impaired woman - asserted error in having regard to features of harm caused in kidnapping offence beyond basic requirement of actual bodily harm - asserted error in benefit to victim taken into account when considering utility of guilty plea - asserted error in failing to give weight to mental conditions of offender not related to offence - no error in finding offence more serious because harm significantly beyond basic element - remorse not expressed until after exculpatory police interview and eventual pleas of guilty - benefit to victim not a consideration on that account in any event - remarks relating to mental illness terse but context indicates full consideration - no errors made out Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Benitez [2006] NSWCCA 21; (2006) 160 A Crim R 166 R v Boney [2008] NSWCCA 313 R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1 R v Chisari [2006] NSWCCA 19 R v Engert (1995) 84 A Crim R 67 R v Halls [2008] NSWCCA 251 The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270 Category: Principal judgment Parties: Nada Vanja Youssef (Applicant) Regina (Respondent) Representation: Counsel: Mr I McLachlan (Applicant) Ms S Herbert (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2011/76478 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-10-26 00:00:00 Before: Neilson DCJ File Number(s): 2011/76478