R v Khoury [2018] NSWCCA 223

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Khoury [2018] NSWCCA 223 Hearing dates: 31 August 2018 Date of orders: 15 October 2018 Decision date: 15 October 2018 Before: Hoeben CJ at CL at [1]; Walton J at [62]; Button J at [63] Decision: Crown appeal dismissed. Catchwords: CRIMINAL LAW – Crown appeal against inadequacy of sentence – damage property by fire intending to injure persons and aggravated attempted break and enter with intent to intimidate – offender set fire to door of victim's unit – offender's child one of the persons in the unit – potential for catastrophic consequences – offender suffering from substance abuse issues and psychological deficits – offender sentenced to 2 year ICO and 1 year suspended sentence – whether proper regard had to general and specific deterrence – whether too much weight given to offender's prospects of rehabilitation – offender remanded so as to allow rehabilitation to take place – at no time did Crown oppose the making of an ICO – although sentence manifestly inadequate Crown bound by way in which it conducted the sentence proceedings – application of residual discretion – Crown appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – ss 113(2), 196(1)(b) Crimes (Domestic and Personal Violence) Act 2007 (NSW) – s 13(1) Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 11, 12 Criminal Appeal Act 1912 (NSW) – s 5D(1) Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 CMB v Attorney General (NSW) [2015] HCA 9; 256 CLR 346 Griffiths v R [1977] HCA 44; 137 CLR 293 Patsan v R [2018] NSWCCA 129 R v Farrell [2014] NSWCCA 30 R v Hamid [2006] NSWCCA 302; 164 A Crim R 179 R v Harris [2015] NSWCCA 81 R v Hopoi [2014] NSWCCA 263 R v JRD [2007] NSWCCA 55 R v Merillo [2017] NSWCCA 173 R v Porte [2015] NSWCCA 174 Yucebasoglu v R [2015] NSWCCA 226 Category: Principal judgment Parties: Regina – Applicant Crown Mark Khoury – Respondent Representation: Counsel: B Hatfield – Applicant Crown D Dalton SC – Respondent