Assi v R (No 2) [2016] NSWDC 268

District Court New South Wales

Medium Neutral Citation: Assi v R (No 2) [2016] NSWDC 268 Hearing dates: 29 January 2016 Date of orders: 29 January 2016 Decision date: 29 January 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal allowed

Sentences passed by McManus LCM sitting in the Local Court at Burwood on 10 December 2014 set aside

Sequence 1:

Appellant to enter a s 9 good behaviour bond for a period of 3 years

Sequence 2:

Appellant sentenced to imprisonment for a period of 15 months with a non-parole period of 12 months

Sentence to be served by way of home detention Catchwords: CRIMINAL LAW – Severity appeal – Dishonestly obtain financial advantage, $137,819.70, by deception (sequence 1) – Dishonestly obtain financial advantage, $183,066.79, by deception (sequence 2) – Whether home detention appropriate – Since sentenced in Local Court appellant's health has worsened – Anticipating spinal surgery – Appellant principal carer of his 88 year old mother – Assistance provided to authorities significant and created real risk to the safety of the appellant and his family – Full-time custody would increase risk to appellant's personal safety Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Assi v Regina [2015] NSWDC 343 Category: Principal judgment Parties: Jihad Muhieddine Assi (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Mr G Harrison (Appellant) Solicitor for the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2014/16612 Publication restriction: No Decision under appeal Court or tribunal: Kogarah Local Court Jurisdiction: Criminal Date of Decision: 10 December 2014 Before: McManus LCM File Number(s): 2014/16612