Nasser v R [2017] NSWCCA 104

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nasser v R [2017] NSWCCA 104 Hearing dates: 24 April 2017 Decision date: 24 May 2017 Before: Hoeben CJ at CL at [1] Price J at [2] Fullerton J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – whether sentence manifestly excessive – dishonestly damaging property by fire with a view to obtaining a gain for another – joint criminal enterprise – subjective circumstances – statutory aggravating factors – general deterrence – specific deterrence – offence committed in company as part of a planned criminal activity without regard for public safety – extent of damage to building bearing on objective seriousness of offence – whether emphasis on level of awareness (and actual materialisation) of risk to public safety converted sentencing judge's assessment of applicant's state of mind regarding public safety into de facto extension of criminal liability – whether sentence suggestive of overstatement or wrong assessment of applicant's culpability Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v R (2013) 249 CLR 571; [2013] HCA 37 Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45 Lowndes v R (1999) 195 CLR 665; [1999] HCA 29 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 R v Dinos [1999] NSWCCA 208 R v Khan [2016] NSWSC 1073 R v Taula (2015) 248 A Crim R 502; [2015] NSWCCA 8 Saleib [2005] NSWCCA 85 Wong v R (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Ibrahim Nasser (Applicant) The Crown (Respondent) Representation: Counsel: T Game SC (Applicant) H Roberts (Crown)