Issa v R [2017] NSWCCA 188

Issa v R [2017] NSWCCA 188

The sentencing judge did not infringe the De Simoni principle because allegations of foresight of potential harm did not amount to the intent required for more serious offences under ss 196 or 198, and were correctly treated as aggravating factors. No error was demonstrated in the assessment of aggravation, objective seriousness, special circumstances, or overall excess. As a result, the sentence imposed was within permissible bounds and the appeal must be dismissed.

Parties
Applicant: Bill Issa; Respondent: Regina
Jurisdiction
Australia
Judgment Date
02 August 2017
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Determination on Leave and Merits
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing Principles, De Simoni Principle, Damage to Property, Perverting Course of Justice, Statutory Interpretation, Aggravating Factors, Aggregate Sentences
Criminal Law Sentencing Principles De Simoni Principle Damage to Property Perverting Course of Justice Statutory Interpretation Aggravating Factors Aggregate Sentences

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Parties

Bill Issa

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Determination on Leave and Merits

Legal Issues

  1. 1 Whether the sentencing judge erred in assessment of individual components of the aggregate sentence
  2. 2 Whether the sentencing judge breached the rule in De Simoni by treating as aggravating circumstances facts that amount to elements of more serious offences
  3. 3 Whether the sentencing judge erred in treating offences as being aggravated

Ratio Decidendi

The sentencing judge did not infringe the De Simoni principle because allegations of foresight of potential harm did not amount to the intent required for more serious offences under ss 196 or 198, and were correctly treated as aggravating factors. No error was demonstrated in the assessment of aggravation, objective seriousness, special circumstances, or overall excess. As a result, the sentence imposed was within permissible bounds and the appeal must be dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.