Al Ghazzawi v R [2018] NSWCCA 204

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Al Ghazzawi v R [2018] NSWCCA 204 Hearing dates: 14 September 2018 Date of orders: 14 September 2018 Decision date: 14 September 2018 Before: Macfarlan JA at [1] Bellew at J [2] Wilson J at [36] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. (3) Order that the applicant be returned to custody forthwith to complete his sentence. (4) Order that the applicant be eligible for parole on 13 March 2019. (5) Order that the sentence will expire on 13 December 2019. Catchwords: CRIMINAL LAW – Sentence – Appeal – Assault with an act of indecency – Where applicant entered the victim's premises uninvited and commenced to masturbate in front of her when she was asleep – Where applicant then tried to grab the victim and kiss her – Where victim repeatedly demanded that the applicant leave – Where offending occurred shortly after an earlier visit to the premises by the applicant – Degree of premeditation – Serious offending – Sentence of 1 year and 9 months imprisonment comprising a non-parole period of 12 months with a balance of term of 9 months imprisonment not manifestly excessive – Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Baines v R [2016] NSWCCA 132 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 R v Nikolovska [2010] NSWCCA 169; 209 A Crim R 218 RLS v R [2012] NSWCCA 236 Category: Principal judgment Parties: Issam Sheyaa Al Ghazzawi – Applicant Regina – Respondent Representation: Counsel: A Norrie – Applicant B Baker – Respondent