Kramarzewski & El Ghoul v R [2015] NSWDC 400

District Court New South Wales

Medium Neutral Citation: Kramarzewski & El Ghoul v R [2015] NSWDC 400 Hearing dates: 17 December 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: 2014/369128

Appeal allowed

Sentence passed by the Local Court sitting at Burwood on 4 November 2015 set aside

Conviction recorded

Offender sentenced to a term of imprisonment of 12 months, suspended.

2014/369337

Appeal allowed

Sentence passed by the Local Court sitting at Burwood on 4 November 2015 set aside

Conviction recorded

Offender sentenced to a term of imprisonment of 1 year and 4 months, suspended. Catchwords: CRIMINAL LAW – Appeals against severity of sentences of full time imprisonment – Each offender involved in a fraud which deprived a mobile phone provider of nearly one million dollars – Criminality of each offender low – Low moral culpability – Each offender a grandfather, of prior good character, receiving little of no pecuniary advantage – Suspended sentences imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Category: Principal judgment Parties: Stan Kramarzewski (1st Appellant) Khaled El Ghoul (2nd Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Mr Leitner (1st Appellant) Mr A Radojev (2nd Appellant) Ms Wills (NSW) (Respondent) File Number(s): 2014/369128; 2014/369337 Publication restriction: No Decision under appeal Court or tribunal: Burwood Local Court Date of Decision: 4 November 2015 Before: Still LCM File Number(s): 2014/369128 2014/369337