Naveed v R [2019] NSWCCA 149

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Naveed v R [2019] NSWCCA 149 Hearing dates: 1 May 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Before: Hoeben CJ at CL at [1] R A Hulme J at [2] Davies J at [3] Decision: (1) Extend time for leave to appeal to 15 January 2019. (2) Grant leave to appeal. (3) Dismiss the appeal. Catchwords: CRIMINAL LAW - appeals - application for leave to appeal against sentence - applicant convicted after trial of one offence of sexual intercourse without consent - intoxicated complainant assaulted by Uber driver in his car - applicant sentenced to 9 years' imprisonment with non-parole period of 6 years 4 months - whether the sentencing judge erred in her interpretation of s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW) in dealing with evidence of remorse - where the applicant wrote a letter of apology for the offending - letter provided to the sentencing judge after the sentence hearing - letter was said to demonstrate remorse - where applicant did not give evidence - where sentencing judge concluded that remorse not shown - conclusion open to the sentencing judge - whether the sentence was manifestly excessive - where the applicant did not challenge the sentencing judge's assessment of objective seriousness - use of comparable cases - sentence not plainly unreasonable or unjust - appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 61I Crimes (Appeal and Review) Act 2001 (NSW) s 78 Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A Cases Cited: Adam Jolly v R [2013] NSWCCA 76; (2013) 229 A Crim R 198 Ali v R [2014] NSWCCA 45 Butters, Jarrod Dean v R [2010] NSWCCA 1 Dang v R [2014] NSWCCA 47 Day v R [2017] NSWCCA 192 Hughes v R [2018] NSWCCA 2 Imbornone v R [2017] NSWCCA 144 Newman v R [2018] NSWCCA 208 Pfitzner v R [2010] NSWCCA 314 Pham v R [2014] NSWCCA 115 Rajendran v R [2014] NSWCCA 113 Tabbah v R [2017] NSWCCA 55 Vandeventer v R [2013] NSWCCA 33 Texts Cited: Nil Category: Principal judgment Parties: Muhammad Naveed (Applicant) Crown (Respondent) Representation: Counsel: G Smith (Applicant) B Hatfield (Respondent)