Chami v R [2019] NSWCCA 63

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chami v R [2019] NSWCCA 63 Hearing dates: 1 March 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Before: Leeming JA at [1] Harrison J at [2] Davies J at [30] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal against sentence – where appellant sentenced for assault inflicting grievous bodily harm with intent to rob armed with an offensive weapon, robbery armed with a dangerous weapon, and assault with intent to rob armed with a dangerous weapon – where appellant sentenced to aggregate sentence of 11 years with a non-parole period of 7 years and 9 months – whether the sentencing judge erred in the application of the totality principle – whether the new sentence imposed on the appellant's co-offender requires the re-exercise of the principle of proportionality as against the appellant's sentence – whether the aggregate sentence is manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 97(2), 98 Cases Cited: Chaouk v R [2017] NSWCCA 295 Category: Principal judgment Parties: Youssif Chami (Appellant) Regina (Respondent) Representation: Counsel: A Chhabra (Appellant) B Baker (Respondent)

Solicitors: A Bannister (Appellant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2014/92517 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 8 September 2017 Before: Woodbourne DCJ