Zaky v R [2015] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zaky v R [2015] NSWCCA 161 Hearing dates: 15 June 2015 Date of orders: 25 June 2015 Decision date: 25 June 2015 Before: Johnson J at [1] Davies J at [6] Hamill J at [7] Decision: 1. Leave to appeal granted.

2. Appeal dismissed. Catchwords: SENTENCING – social security fraud – suspended sentences – appropriateness of sentencing option – effectiveness in reducing recidivism rates – erroneous comments in the course of submissions – whether such comments guided sentencing outcome – general rule that comments in argument cannot ground appeal – where judgment reserved – appeal dismissed Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Regulations 1990 (Cth) Criminal Code (Cth) Cases Cited: Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 R v Egan [2013] NSWCCA 196 R v Nahlous [2013] NSWCCA 90 Geddes v R [2012] NSWCCA 94 R v Purden (CCA (NSW), 27 March 1997, unrep) RCW v R (No 2) [2014] NSWCCA 190 R v Van Tang Luu (CCA (NSW), 7 December 1994, unrep) R v Zamagias [2002] NSWCCA 17 Texts Cited: Australian Law Reform Commission, Same Crime, Same Time - Sentencing of Federal Offenders, Report No 103 (2006) Lulham, Weatherburn and Bartels, "The recidivism of offenders given suspended sentences: A comparison with full-time imprisonment" Crime and Justice Bulletin: Contemporary Issues In Crime And Justice, vol 136 New South Wales Law Reform Commission, Sentencing, Report No 139 (2009) Category: Principal judgment Parties: Manerva Zaky (applicant) Crown (respondent) Representation: Counsel: A Francis (applicant) A Williams (respondent)