Armand-Iskak v R [2014] NSWCCA 325

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Armand-Iskak v R [2014] NSWCCA 325 Hearing dates: 08 December 2014 Decision date: 19 December 2014 Before: Simpson J [1] Rothman J [2] Wilson J [68] Decision: 1. Leave to appeal refused. Catchwords: CRIMINAL LAW - Appeal - conviction and sentence - unreasonable verdict - manifest excess - no arguable case - no doubt as to verdict - sentence within range Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Morris v R [1987] HCA 50; (1987) 163 CLR 454 M v R [1994] HCA 63; (1994) 181 CLR 487 MFA v R [2002] HCA 53; (2002) 213 CLR 606 SKA v R [2011] HCA 13; (2011) 243 CLR 400 Category: Principal judgment Parties: Sheon Alexander Armand-Iskak (Applicant) Regina (Respondent) Representation: Counsel: Sheon Alexander Armand-Iskak (Applicant) V. Lydiard (Respondent) Solicitors: Sheon Alexander Armand-Iskak (Applicant) S. Kavanagh, Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/17242 Publication restriction: None Decision under appeal Date of Decision: 2012-03-08 00:00:00 Before: Huggett DCJ File Number(s): 2012/17242

Judgment 1SIMPSON J: I agree with Rothman J. 2ROTHMAN J: The applicant was convicted after trial in the District Court of attempting to choke with intent to commit an indictable offence, namely indecent assault, contrary to s 37 of the Crimes Act (Count 1). The maximum sentence for the contravention of s 37 of the Crimes Act is 25 years' imprisonment. 3The applicant was sentenced to a non-parole period of 7 years' imprisonment, commencing 17 January 2012 and concluding 16 January 2019 and a remainder of term of a further 2 years and 4 months, concluding 16 January 2021. The applicant seeks leave to appeal against the conviction and sentence. 4Only one ground of appeal is raised on each of the conviction appeal and the sentence appeal. The grounds of appeal are: