Raad v R [2015] NSWCCA 276

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Raad v R [2015] NSWCCA 276 Hearing dates: 19 October 2015 Date of orders: 04 November 2015 Decision date: 04 November 2015 Before: Bathurst CJ [1] Hidden J at [2] Davies J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – firing a firearm at a dwelling house with reckless disregard for safety – sentence – early plea – whether discount given for plea – no mention of discount in sentencing remarks – consideration of transcript of sentencing hearing – basis of sentence explained in exchanges with counsel – discount built into sentence imposed. Cases Cited: Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Peiris v R [2014] NSWCCA 58 R v Robinson [2014] NSWCCA 12 RCW v R (No. 2) [2014] NSWCCA 190 Thammavongsa v Regina [2015] NSWCCA 107 Wei v R [2015] NSWCCA 66 Category: Principal judgment Parties: Hassan Raad (Applicant) Crown Representation: Counsel: G James SC (Applicant) E Balodis (Crown)

Solicitors: Bo Yi Ye (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2013/143794 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 23 June 2014 Before: Madgwick ADCJ File Number(s): 2013/143794