R v Fouani [2018] NSWCCA 230

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Fouani [2018] NSWCCA 230 Hearing dates: 31 August 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Before: Hoeben CJ at CL at [1]; Walton J at [71]; Button J at [72] Decision: (1) Crown appeal allowed. (2) The aggregate sentence imposed by Whitford SC DCJ on 16 March 2018 is quashed and in lieu thereof the respondent is sentenced to imprisonment with a non-parole period of 13 years and 6 months, commencing 11 April 2013 and expiring 10 October 2026, with a balance of term of 4 years and 6 months, expiring 10 April 2031. Catchwords: CRIMINAL LAW – Crown appeal – cause grievous bodily harm with intent to cause grievous bodily harm and recruit child to carry out criminal activity – offender found guilty after trial – petrol poured over victim and then ignited – offender coerced minor into performing the acts giving rise to Count 1 – whether sentence manifestly inadequate – scarring over 45 per cent of victim's body – lack of contrition or remorse by offender – considerable planning involved – objective seriousness towards upper level – Crown appeal made out – need to re-sentence offender. Legislation Cited: Crimes Act 1900 (NSW) – ss 33(1)(b), 351A(2) Criminal Appeal Act 1912 (NSW) – s 5D Cases Cited: CMB v Attorney General (NSW) [2015] HCA 9; 256 CLR 346 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 Director of Public Prosecutions (Vic) v Dalgliesh (a Pseudonym) [2017] HCA 41 Everett v The Queen [1994] HCA 49; 181 CLR 295 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v CTG [2017 NSWCCA 163 R v Harris [2015] NSWCCA 81 The Queen v Kilic [2016] HCA 48; 259 CLR 256 Category: Principal judgment Parties: Regina – Applicant Crown Mohammed Ali Fouani – Respondent Representation: Counsel: B Baker – Applicant Crown G Wendler – Respondent