Aboud v R [2017] NSWCCA 140

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Aboud v R [2017] NSWCCA 140 Hearing dates: 16 June 2017 Date of orders: 23 June 2017 Decision date: 23 June 2017 Before: Macfarlan JA at [1] Johnson J at [2] Harrison J at [3] Decision: (1) Grant leave to appeal. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against severity of sentence – offences of using a carriage service to menace, harass or offend or doing so to procure or groom a child under the age of 16 years for sex – whether sentencing judge erred in approach to the delay in prosecuting the applicant – whether sentencing judge erred in approach to setting the non-parole period – whether a non-parole period of 75 percent of the total sentence can be regarded as punitive – whether such a ratio was open to the sentencing judge – whether sentencing judge failed to take account of the extent to which the applicant assisted and co-operated with authorities Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 (Cth) Cases Cited: Afiouny v R [2017] NSWCCA 23 Bick v R [2006] NSWCCA 408 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Griffiths v R (1989) 167 CLR 372; [1989] HCA 39 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Lam v R; Le v R (2014) 241 A Crim R 562; [2014] WASCA 114 Ly v R [2007] NSWCCA 28 R v Acosta [1999] NSWCCA 334 R v Buhar (NSWCCA, 14 October 1998, unrep) R v Paull (1990) 20 NSWLR 427 R v Todd [1982] 2 NSWLR 517 Sabra v R [2015] NSWCCA 38 Category: Principal judgment Parties: Michael Aboud (Applicant) Regina (Crown) Representation: Counsel: R Wilson (Applicant) L Fernandez (Crown)