Abbas Elzein v R; Ahmad Elzein v R; Bilal Doughan v R [2021] NSWCCA 246

Abbas Elzein v R; Ahmad Elzein v R; Bilal Doughan v R [2021] NSWCCA 246

The sentencing judge erred by failing to expressly consider and make findings on the prospects of rehabilitation for Abbas and Ahmad Elzein and by failing to engage with submissions on Intensive Correction Orders for Bilal Doughan. The Court of Criminal Appeal allowed the appeals for Ahmad Elzein and Bilal Doughan and resentenced them, but found no lesser sentence was warranted for Abbas Elzein and dismissed his appeal.

Parties
Applicant: Abbas Elzein; Applicant: Ahmad Elzein; Applicant: Bilal Doughan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
27 October 2021
Procedural Posture
Criminal Appeal Against Sentence / Court of Criminal Appeal Judgment on Sentence Appeals
Outcome
Abbas Elzein: Leave to appeal granted, appeal dismissed. Ahmad Elzein: Leave to appeal granted, appeal allowed, resentenced. Bilal Doughan: Leave to appeal granted, appeal allowed, resentenced.
Legal Topics
Sentencing, Appeal Against Sentence, Excise Duty Evasion, Conspiracy, Possession of Imported Goods, General Deterrence, Rehabilitation, Parity, Intensive Correction Orders
Criminal Law Sentencing Appeal Against Sentence Excise Duty Evasion Conspiracy Possession of Imported Goods General Deterrence Rehabilitation +2 more

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Parties

Abbas Elzein

Applicant

Ahmad Elzein

Applicant

Bilal Doughan

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal Against Sentence / Court of Criminal Appeal Judgment on Sentence Appeals

Legal Issues

  1. 1 Whether the sentencing judge failed to consider or give adequate reasons regarding the applicants' prospects of rehabilitation under s 16A(2)(n) Crimes Act 1914 (Cth)
  2. 2 Whether the sentencing judge failed to adequately consider parity between co-offenders
  3. 3 Whether it was an error not to address submissions for imposition of Intensive Correction Orders for Bilal Doughan under s 66 Crimes (Sentencing Procedure) Act 1999 (NSW) and s 20AB Crimes Act 1914 (Cth)

Ratio Decidendi

The sentencing judge erred by failing to expressly consider and make findings on the prospects of rehabilitation for Abbas and Ahmad Elzein and by failing to engage with submissions on Intensive Correction Orders for Bilal Doughan. The Court of Criminal Appeal allowed the appeals for Ahmad Elzein and Bilal Doughan and resentenced them, but found no lesser sentence was warranted for Abbas Elzein and dismissed his appeal.

Court Disposition

Abbas Elzein: Leave to appeal granted, appeal dismissed. Ahmad Elzein: Leave to appeal granted, appeal allowed, resentenced. Bilal Doughan: Leave to appeal granted, appeal allowed, resentenced.

Orders

  • Abbas Elzein: Leave to appeal against sentence granted; appeal dismissed.
  • Ahmad Elzein: Leave to appeal against sentence granted; appeal allowed; District Court sentences quashed; resentenced to (1) 16 months imprisonment for count 1 from 26 Aug 2020 to 25 Dec 2021; (2) 20 months for count 2 from 26 Nov 2020 to 25 July 2022; (3) 24 months for count 3 from 26 Jun 2021 to 25 Jun 2023. Total...