R v Mereb; R v Younan [2014] NSWCCA 149
The sentencing judge did not err in taking extra curial punishment into account, appropriately considered all relevant factors, and the sentence, while lenient, was not manifestly inadequate or plainly unjust when judged against established principles and precedents. The appeal was properly dismissed.
- Parties
- Appellant: Commonwealth Regina; Respondent: Paul Boutros Mereb; Respondent: Youssef Saadallah Younan
- Jurisdiction
- Australia
- Judgment Date
- 06 August 2014
- Procedural Posture
- Crown Appeal Against Sentence / Appeal Judgment
- Outcome
- Crown appeal dismissed
- Legal Topics
- Sentencing, Conspiracy, Tax Fraud, Crown Appeals
Case Brief
Summary, issues, holding and outcome
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Parties
Commonwealth Regina
Appellant
Paul Boutros Mereb
Respondent
Youssef Saadallah Younan
Respondent
Procedural Posture
Crown Appeal Against Sentence / Appeal Judgment
Legal Issues
- 1 Whether the sentencing judge erred by taking into account past and possible future payments of tax and penalties as extra curial punishment
- 2 Whether the sentencing judge erred by imposing a single non-parole period of 2 years without adequate regard to relevant statutory provisions
- 3 Whether the sentence of imprisonment for 4 years with a non-parole period of 2 years was manifestly inadequate
Ratio Decidendi
The sentencing judge did not err in taking extra curial punishment into account, appropriately considered all relevant factors, and the sentence, while lenient, was not manifestly inadequate or plainly unjust when judged against established principles and precedents. The appeal was properly dismissed.
Court Disposition
Crown appeal dismissed
Orders
- Crown appeal dismissed
Full Case Text
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