Damoun v R [2015] NSWCCA 109

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Damoun v R [2015] NSWCCA 109 Hearing dates: 20 November 2014 Decision date: 22 May 2015 Before: Simpson J at [1]; Price J at [54]; McCallum J at [55] Decision: (1) Appeal against conviction dismissed;

(2) Leave granted to appeal against sentence;

(3) Appeal against sentence dismissed. Catchwords: APPEAL - conviction - conspiring dishonestly to cause loss to a Commonwealth entity, s 135.4(3) and s 11.5(1) Criminal Code - whether directions of trial judge resulted in miscarriage of justice - timing of entry into conspiracy - expansion of participants within the conspiracy - appeal rejected

APPEAL - sentence - whether trial judge failed to discount the sentence in light of applicant's offer to facilitate the course of justice - no obligation to give weight to offer - no error found - appeal dismissed Legislation Cited: Criminal Code (Cth), s 11.5(1), s 135.4(3) Cases Cited: Davis v R [2015] NSWCCA 90 De Campos v R [2006] NSWCCA 51 Kentwell v The Queen [2014] HCA 37; 313 ALR 451 R v Elomar [2010] NSWSC 10 Shepherd v The Queen [1990] HCA 56; 170 CLR 573 Category: Principal judgment Parties: Dani Damoun (Appellant) Regina (Respondent) Representation: Counsel: D O'Neil (Appellant) P Neil SC/S T Flood (Respondent)

Solicitors: Moustafa Kheir (Appellant) J Pheils - Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/239729 Decision under appeal Court or tribunal: District Court Date of Decision: 14 November 2013 Before: Lakatos DCJ File Number(s): 2011/239729