Yousif v R [2014] NSWCCA 180

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Yousif v R [2014] NSWCCA 180 Hearing dates: 06/08/2014 Decision date: 12 September 2014 Before: Hoeben CJ at CL at [1] Adamson J at [39] Bellew J at [40] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - offence or robbery in company contrary to s97(1) Crimes Act 1900 - co-offenders charged with same offence - different sentences imposed - whether unjustified disparity in sentences - significant difference in subjective cases of offenders - disparity in sentences justified by differences between co-offenders. Legislation Cited: Crimes Act 1900 - s97(1) Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 463 Jimmy v R [2010] NSWCCA 60; 77 NSWLR 540 Kelso v R [2010] NSWCCA 34 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 R v Jones (unreported, NSWCCA, 30 June 1994) Wong v R [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: Ali Yousif - Applicant Regina - Respondent Crown Representation: Counsel: D O'Neil - Applicant C Everson - Respondent Crown Solicitors: SE O'Connor, Legal Aid NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2012/70671 Decision under appeal Date of Decision: 2013-08-26 00:00:00 Before: Craigie DCJ File Number(s): 2012/70671