Manly v R; Hussein v R; Barghachoun v R [2014] NSWCCA 59

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Manly v R; Hussein v R; Barghachoun v R [2014] NSWCCA 59 Hearing dates: 28 March 2014 Decision date: 17 April 2014 Before: Hoeben CJ at CL at [1] Adams J at [2] Bellew J at [3] Decision: The appeal of Ayman Manly (i) leave to appeal against the convictions imposed in respect of counts 1, 2, 3, 6 and 9 is granted; (ii) in each case the appeal is allowed; (iii) the convictions entered, and the sentences imposed, in respect of each of counts 1, 2, 3, 6 and 9 are quashed; (iv) verdicts of acquittal are entered in respect of each of counts 1, 2, 3, 6 and 9. The appeal of Ali Hussein (i) the time for the filing of the notice of appeal is extended to 12 December 2013; (ii) leave to appeal against the convictions imposed in respect of counts 4, 7 and 8 is granted; (iii) in each case the appeal is allowed; (iv) the convictions entered, and the sentences imposed, in respect of each of counts 4, 7 and 8 are quashed; (v) verdicts of acquittal are entered in respect of each of counts 4, 7 and 8; (vi) leave to appeal against sentence is granted; (vii) the appeal against sentence is allowed; (viii) the sentences imposed in respect of counts 3 and 6 are quashed; (ix) in respect of count 3, and in lieu of the sentence imposed by the sentencing judge, Hussein is sentenced to a fixed term of imprisonment of 5 years, commencing on 11 October 2012 and expiring on 10 October 2017; (x) in respect of count 6, and in lieu of the sentence imposed by the sentencing judge, Hussein is sentenced to a non-parole period of 4 years imprisonment, commencing on 11 April 2014 and expiring on 10 April 2018, with a balance of term of 2 years and 6 months, commencing on 11 April 2018 and expiring on 10 October 2020; (xi) the sentences imposed by the sentencing judge in respect of counts 1, 2 and 9 are each confirmed; (xii) the total sentence imposed is one of 9 years imprisonment, made of up of a non-parole period of 6 years and 6 months imprisonment commencing on 11 October 2011 and expiring on 10 April 2018, with a balance of term of 2 years and 6 months imprisonment commencing on 11 April 2018 and expiring on 10 October 2020; (xiii) Hussein will be eligible for parole on 11 April 2018 and his sentence will expire on 10 October 2020. The appeal of Imad Barghachoun (i) leave to appeal against sentence is granted; (ii) the appeal is allowed; (iii) the sentences imposed in respect of counts 3 and 6 are quashed; (iv) in respect of count 3, and in lieu of the sentence imposed by the sentencing judge, Barghachoun is sentenced to a fixed term of imprisonment of 4 years imprisonment, commencing on 20 February 2012 and expiring on 19 February 2016; (v) in respect of count 6, and in lieu of the sentence imposed by the sentencing judge, Barghachoun is sentenced to a non-parole period of 3 years and 6 months imprisonment, commencing on 20 August 2013 and expiring on 19 February 2017, with an additional term of 2 years and 6 months imprisonment, commencing on 20 February 2017 and expiring on 19 August 2019; (vi) the sentences imposed by the sentencing judge in respect of counts 1, 2, 4 and 10 are each confirmed; (vii) the total sentence imposed is one of 8 years imprisonment made up of a non-parole period of 5 years and 6 months imprisonment, commencing on 20 August 2011 and expiring on 19 February 2017, with an additional term of 2 years and 6 months imprisonment, commencing on 20 February 2017 and expiring on 19 August 2019; (viii) Barghachoun will be eligible for parole on 20 February 2017 and his sentence will expire on 19 August 2019. Catchwords: CRIMINAL LAW - Appeal - Where Crown alleged joint criminal enterprise - Whether verdicts of guilty were supported by the evidence