Zaky v R (Cth) [2017] NSWCCA 141

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zaky v R (Cth) [2017] NSWCCA 141 Hearing dates: 2 June 2017 Date of orders: 23 June 2017 Decision date: 23 June 2017 Before: Hoeben CJ at CL at [1] Garling J at [66] Bellew J at [67] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – six offences of defraud Commonwealth and obtain a financial advantage by deception – single ground of appeal – incorrect statement of maximum penalty – clear indications that sentencing judge aware of correct maximum sentence – no error established – application for leave to appeal dismissed. Legislation Cited: Crimes Act 1914 (Cth) – s 29D Criminal Appeal Act 1912 (NSW) – s 6(3) Criminal Code 1995 (Cth) – s 134.2(1) Cases Cited: Stephen Leslie Baxter v The Queen [2007] NSWCCA 237; 173 A Crim R 284 Bidgood v R [2016] NSWCCA 138 Donaghey v R [2015] NSWCCA 119 Hurst v R [2017] NSWCCA 114 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Stephen Leslie Newton v R [2009] NSWCCA 128 Zaky v R [2015] NSWCCA 161 Category: Principal judgment Parties: Ezzat Zaky – Applicant Regina (Cth) – Respondent Crown Representation: Counsel: Mr C Taylor – Applicant Ms J Single – Respondent Crown

Solicitors: CBD Criminal Defence Lawyers – Applicant Commonwealth Director of Public Prosecutions – Respondent Crown File Number(s): 2013/265515;2013/265499 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 23 September 2015 Before: Syme DCJ File Number(s): 2013/265515; 2013/265499