Abdelmeseeh v R [2016] NSWCCA 312

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Abdelmeseeh v R [2016] NSWCCA 312 Hearing dates: 1 December 2016 Decision date: 16 December 2016 Before: Meagher JA at [1] Johnson J at [2] Rothman J at [67] Decision: Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – appeal against sentence –offence of assault occasioning actual bodily harm in company contrary to s 59(2) Crimes Act 1900 – applicant targets victim on public transport – victim attacked in street after leaving a train – victim punched in face and kicked and punched while on ground – serious offence under s.59(2) – applicant on parole at time of offence – whether sentencing judge failed to give effect to finding of special circumstances and/or failed to correctly apply the totality principle – whether sentence imposed was otherwise manifestly excessive – no error demonstrated – leave to appeal against sentence refused Legislation Cited: Crimes Act 1900 Cases Cited: House v The King [1936] HCA 40; 55 CLR 499 Markarian v The Queen [2005] HCA 25; 228 CLR 357 McIntyre v R [2009] NSWCCA 305; 198 A Crim R 549 Mill v The Queen [1988] HCA 70; 166 CLR 59 Quayle v R [2010] NSWCCA 16 R v JW [2010] NSWCCA 49; 77 NSWLR 7 R v Speechley [2012] NSWCCA 130; 221 A Crim R 175 RR v R [2011] NSWCCA 235; 216 A Crim R 489 Ruttley v R [2010] NSWCCA 118 Shortland v R [2013] NSWCCA 4; 224 A Crim R 486 Sorensen v R [2016] NSWCCA 54 Spark v R [2012] NSWCCA 140 Category: Principal judgment Parties: Peter Abdelmeseeh (Applicant) Regina (Respondent) Representation: Counsel: Mr S Corish (Applicant) Ms S Dowling SC (Respondent)