Hraiki v R [2019] NSWCCA 140

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hraiki v R [2019] NSWCCA 140 Hearing dates: 17 May 2019 Decision date: 28 June 2019 Before: Bathurst CJ at [1]; Hamill J at [2]; N Adams J at [19] Decision: Application for leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – crimes of dishonesty – discount for assistance – assistance provided very late – police aware of matters subject to assistance – possibility applicant to be called to give evidence – whether 5% discount for future assistance sufficient – discretionary and evaluative judgment – no error established Legislation Cited: Crimes (Sentencing procedure) Act 1999 (NSW), ss 23, 53A Category: Principal judgment Parties: Shadi Hraiki (Applicant) Regina (Respondent) Representation: Counsel: Y C Lin (Applicant) K Jeffreys (Respondent)

Solicitors BPH Legal (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2015/00074135 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 18 October 2018 Before: Norrish QC DCJ File Number(s): 2015/00074135

Judgment 1. BATHURST CJ: I agree with Hamill J. 2. HAMILL J: Shadi Hraiki seeks leave to appeal against the sentence imposed in the District Court by his Honour Judge Norrish QC on 18 October 2018. The offences to which the applicant had pleaded guilty and the sentences imposed on him were set out in a helpful schedule included in the applicant's submissions: Item Offence Max. Penalty NPP Total Term of Sentence Recklessly Deal with Proceeds of Crime, namely, $303,841.57 1 (7) - Imprisonment for 10 years Imprisonment of 1 year 5 months; commencing 18 October 2018 and expiring 17 March 2020 s. 193B(3) Crimes Act 1900 Dishonestly obtain financial advantage by deception, namely an investment loan valued at $920,000.00 in the 2 name of Sasi Kumar Imprisonment for 10 years Imprisonment of 9 months; expiring on 17 January 2020 Imprisonment of 2 years and 3 months; commencing 18 (10) - April 2019 and expiring 17 July 2021 s.192E(1)(b) Crimes Act 1900 3 Recklessly deal with proceeds of crime, namely, $173,340.28. (17) - Imprisonment for 10 years Imprisonment of 8 months; expiring on 17 March 2020 Imprisonment of 1 year 9 months; commencing 18 July 2019 and expiring 17 April 2021 s.193B(3) Crimes Act 1900 4 Recklessly deal with proceeds of crime, namely, $99,057.61. (22) - Imprisonment for 10 years Imprisonment of 8 months; expiring on 17 March 2020 Imprisonment of 1 year 9 months; commencing 18 July 2019 and expiring 17 April 2021 s.193B(3) Crimes Act 1900