Akbari v R; Nasiri v R [2015] NSWCCA 240

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Akbari v R; Nasiri v R [2015] NSWCCA 240 Hearing dates: 13 August 2015 Decision date: 07 September 2015 Before: Bathurst CJ at [1]; R A Hulme J at [2]; Garling J at [81] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – co-offenders – demand money in company with menaces – participate in criminal group – whether error in consideration of mental health issues – no causal link between mental health issues and offending – whether error in determination of objective seriousness of count 1 – where applicants sought to extort substantial sum of money from business owner – where applicants threatened harm to victim and family – no error in finding offence extremely serious – sentence not manifestly excessive – appeal dismissed

CRIMINAL LAW – appeal against sentence – co-offenders – demand money in company with menaces – participate in criminal group – whether error in distinguishing between roles of offenders – whether error in regard to parity principles – open to judge to differentiate between applicants in the way that he did – no error established – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 99(2), 93T(1), 95, 347, 350 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13(1) Crimes (Sentencing Procedure) Act 1999 (NSW) s 44 Road Transport Act 2013 (NSW) s 54(3)(a) Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 HL v Regina; YG v Regina [2014] NSWCCA 43 Lowe v The Queen (1984) 154 CLR 606 Markarian v The Queen [2005] HCA 25; 228 CLR 357 McMenemy v R [2009] NSWCCA 50 Newman v R [2012] NSWCCA 69 R v Cage [2006] NSWCCA 304 R v Smith [2004] NSWCCA 95; 144 A Crim R 577 R v Wilson [2002] NSWCCA 65 Regina v Daetz; Regina v Wilson [2003] NSWCCA 216; 139 A Crim R 398 Texts Cited: "Sentencing in complicity cases — Part 1: Joint criminal enterprise", Sentencing Trends and Issues, No 38, Judicial Commission of New South Wales, 2009 Category: Principal judgment Parties: Nazir Ahmad Akbari (Applicant) Mohammed Nasiri (Applicant) Regina (Respondent) Representation: Counsel: Mr W Hunt (Akbari) Mr P Wass SC (Nasiri) Ms M Cinque (Crown)