El-Zeyat v R; Aouad v R; Osman v R [2015] NSWCCA 196

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: El-Zeyat v R; Aouad v R; Osman v R [2015] NSWCCA 196 Hearing dates: 5 December 2014 Decision date: 24 July 2015 Before: Leeming JA at [1]; Simpson J at [2]; Button J at [104] Decision: Naseam El-Zeyat (1) Extend the time in which to file an application for leave to appeal to 23 December 2013; (2) Grant leave to appeal against sentence; (3) Dismiss the appeal.

Ramzi Aouad (1) Extend the time in which to file an application for leave to appeal to 19 December 2013; (2) Grant leave to appeal against sentence; (3) Dismiss the appeal.

Abbas Osman (1) Extend the time in which to file an application for leave to appeal to 2 October 2013; (2) Grant leave to appeal; (3) Allow the appeal, set aside the sentences imposed by Bell J on 10 November 2006; (4) Remit for re-sentencing to a single judge of the Common Law Division of the Supreme Court of NSW. Catchwords: APPEAL - sentencing - two counts of murder - two applicants sentenced to imprisonment for life, Crimes Act 1900 (NSW), s 19A; Crimes (Sentencing and Procedure) Act 1999 (NSW), s 61

APPEAL - applications for leave to appeal against severity of sentence - whether error in assessment of objective seriousness of the murders - whether sentencing judge erroneously considered an additional, subsequently abandoned, charge of murder - seriousness of each individual murder separately evaluated - no error demonstrated