R v Omar [2015] NSWCCA 67

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Omar [2015] NSWCCA 67 Hearing dates: 18 March 2015 Date of orders: 21 April 2015 Decision date: 21 April 2015 Before: Simpson J at [1] Rothman J at [2] Bellew J at [4] Decision: The Crown appeal is dismissed. Catchwords: CRIMINAL LAW – Crown appeal against inadequacy of sentence – Separate incidents of aggravated sexual assault and armed robbery – Offending discovered by DNA matching several years later – Evidence that respondent had undergone total rehabilitation from illicit drug use during the period between the offending and his arrest – Reduced need for specific deterrence - Where sentencing judge found that the respondent suffered from mental illness – Need for general deterrence moderated – Total sentence imposed one of 6 years and 10 months with a non-parole period of 3 years and 11 months – Sentence not manifestly inadequate in the circumstances – Crown appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: CMB v Attorney-General (NSW) [2015] HCA 9; (2015) 317 ALR 308 Category: Principal judgment Parties: Regina – Appellant Michael Omar - Respondent Representation: Counsel: Mr K McKay – Appellant Mr T Game SC and Ms G Huxley - Respondent

Solicitors: J Pheils Solicitor for Public Prosecutions - Appellant Zahr and Zahr Lawyers - Respondent File Number(s): 2012/383147 Decision under appeal Court or tribunal: District Court Before: Jeffreys DCJ File Number(s): Nil