Chamseddine v R [2017] NSWCCA 176

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chamseddine v R [2017] NSWCCA 176 Hearing dates: 27 March 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Before: Hoeben CJ at CL [1] Walton J at [2] R A Hulme J at [74] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed on 18 September 2015 be quashed. (4) The applicant is sentenced to a term of imprisonment of 12 years commencing 15 March 2015 consisting of a non-parole period of 8 years expiring on 14 March 2023 and a balance of the term of 4 years expiring on 14 March 2027. Catchwords: CRIMINAL LAW – appeal against sentence – offences of aggravated sexual intercourse with a child between 10 and 14 years – offences of aggravated indecent assault on a child under the age of 16 years – child with both deaf and limited vocal abilities - legal error – where sentencing judgment had misapplied its own determination of accumulation – appeal allowed - applicant resentenced – aggregate sentence Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Beale v R [2015] NSWCCA 120 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 Lehn v R (2016) 78 MVR 353; [2016] NSWCCA 255 O'Brien v R [2013] NSWCCS 197 R v Daley [2010] NSWCCA 223 R v Da Silva (unrep, 30/11/95, NSWCCA) R v King [2009] NSWCCA 117 R v Gavel [2014] NSWCCA 56; (2014) 239 A Crim R 469 Sharma v R [2017] NSWCCA 85 Category: Principal judgment Parties: Osman Chamseddine (Applicant) State of New South Wales (Crown) Representation: Counsel: G Niven (Applicant) N J Adams (Crown)