Naizmand v R [2018] NSWCCA 25

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Naizmand v R [2018] NSWCCA 25 Hearing dates: 12 February 2018 Decision date: 28 February 2018 Before: Hoeben CJ at CL at [1] Price J at [2] Fullerton J at [3] Decision: 1. Leave to appeal granted. 2. The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – five counts of contravening a control order contrary to s 104.27 of the Criminal Code – whether the sentencing judge took into account utilitarian considerations when allowing a 15 per cent discount for guilty pleas Legislation Cited: Crimes Act 1914 (Cth), s 16A Criminal Appeal Act 1912 (NSW), s 5(1)(c) Criminal Code Act 1995 (Cth), s 104.27 Cases Cited: Cameron v The Queen (2002) 209 CLR 339; [2002] HCA 6 Kentwell v The Queen [2014] HCA 37 R v Mo (No 1) [2016] NSWDC 144 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Touma [2008] NSWSC 1475 The Queen v Pham (2015) 256 CLR 550; [2015] HCA 39 Xiao v R [2018] NSWCCA 4 Category: Principal judgment Parties: Ahmad Naizmand (Applicant) The Crown (Respondent) Representation: Counsel: S Odgers SC (Applicant) S McNaughton SC / M England (Crown)

Solicitors: Birchgrove Legal (Applicant) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2016/65047 Decision under appeal Court or tribunal: District Court of NSW Citation: [2017] NSWDC 4 Date of Decision: 02 February 2017 Before: Scotting DCJ File Number(s): 2016/65047