Commonwealth Director of Public Prosecutions v Afiouny [2014] NSWCCA 176

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Commonwealth Director of Public Prosecutions v Afiouny [2014] NSWCCA 176 Hearing dates: 18/06/2014 Decision date: 04 September 2014 Jurisdiction: Criminal Before: Price J at [1] Harrison J at [2] Garling J at [3] Decision: (a) Appeal allowed; (b) Quash the sentences imposed by Finnane DCJ in the District Court on 23 January 2014; (c) In respect of Count 1 on the Indictment, the respondent is sentenced to a term of imprisonment for four years to commence on 23 January 2014 and to expire on 22 January 2018; (d) In respect of Count 2 on the Indictment, the respondent is sentenced to a term of imprisonment for four years to commence on 23 January 2015 and to expire on 22 January 2019; (e) A single non-parole period is fixed for both offences of 3 years and 6 months to commence on 23 January 2014, and expire on 22 July 2017. Catchwords: CRIMINAL LAW - appeal -sentence - Commonwealth Director of Public Prosecutions; appeal by - two offences - Criminal Code (Cth); s 141.1(1) - bribery of Commonwealth public official - pleaded guilty - head sentences of 3 years and 3 months - wholly concurrent - single non-parole period of 1 year 8 months

CRIMINAL LAW - appeal -sentence - whether the sentencing judge erred in imposing wholly concurrent head sentences - principle of totality - material differences between the two offences - particular of manifest inadequacy

CRIMINAL LAW - appeal -sentence - whether the sentencing judge erred by imposing a single non-parole period of 1 year and 8 months - whether the single non-parole period was of a severity appropriate in all of the circumstances of the offence - Crimes Act 1914 (Cth); s 16A(1) - particular of manifest inadequacy