Sabra v Regina [2015] NSWCCA 38

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sabra v Regina [2015] NSWCCA 38 Hearing dates: 9 March 2015 Date of orders: 25 March 2015 Decision date: 25 March 2015 Before: Meagher JA at [1] Schmidt J at [2] Bellew J at [3] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW – Sentence - Where unexplained delay of 17 months between admissions made by applicant and charges being laid – Where delay found to have resulted in the applicant becoming anxious and concerned – Whether the sentencing judge erred in finding that the delay was not to the applicant's detriment – Relevance of delay on sentence

CRIMINAL LAW – Sentence – Whether sentencing judge erred in partially accumulating sentences for offences arising from one course of conduct – Whether sentencing judge erred in making a recognizance release order to operate after the applicant had served 70% of the head sentence

CRIMINAL LAW – Sentence – Offences of revenue fraud – Whether the sentence imposed was manifestly excessive – Whether some other sentence warranted in law Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Code 1995 (Cth) Cases Cited: Blanco v R [1991] NSWCCA 121; (1999) 106 A Crim R 303 Briouzguine v R [2014] NSWCCA 264 Cahyardi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Director of Public Prosecutions v Milne [2001] VSCA 93 Eriyo v R [2015] NSWCCA 16 Giourtalis v R [2013] NSWCCA 216 Hili v R; Jones v R [2010] HCA 45; (2010) 242 CLR 520 JT v R [2012] NSWCCA 133 Kentwell v R [2014] HCA 37 King v R (1998) 99 A Crim R 288 MLP v R [2014] NSWCCA 183 Mill v R [1988] HCA 70; (1988) 166 CLR 59 Panchal v R; R v Panchal [2014] NSWCCA 275 R v Alimic [2006] VSCA 273 R v Gay [2002] NSWCCA 6 R v Hawkins (1989) 45 A Crim R 430 R v Pickard [2011] SASCFC 134 R v Purdon CCA (NSW) 27 March 1991, unreported R v Schwabegger [1998] 4 VR 649 R v Scook [2008] WASCA 114 R v Todd [1982] 2 NSWLR 517 R v XX [2009] NSWCCA 115; (2009) 195 A Crim R 38 Category: Principal judgment Parties: Marcus Sabra - Applicant Representation: Counsel: Mr I Todd - Applicant Mr T Anderson - Respondent