Regina v Eddie AZZI [2004] NSWCCA 398

Regina v Eddie AZZI [2004] NSWCCA 398

None of the sentencing judge's remarks or characterisations amounted to error; the overall aggregate sentence was within discretion and not manifestly excessive, even considering the applicant’s personal circumstances and remorse. Leave to appeal is granted but the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
26 November 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['attempted Sexual Intercourse Without Consent' 'indecent Assault' 'sentencing' 'findings of Fact' 'cumulative and Concurrent Sentences' 'offences by Professionals Upon Clients']
['criminal Law'] ['attempted Sexual Intercourse Without Consent' 'indecent Assault' 'sentencing' 'findings of Fact' 'cumulative and Concurrent Sentences' 'offences by Professionals Upon Clients']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding a breach of trust in the context of a hairdresser-client relationship' 'Whether the offences were properly characterised as well planned and predatory' "Whether the judge erred in finding that the complainants were 'in effect, prisoners'" 'Whether there was error in structuring sentences cumulatively rather than concurrently for offences arising from the same transaction' 'Whether the overall sentence was manifestly excessive']

Ratio Decidendi

None of the sentencing judge's remarks or characterisations amounted to error; the overall aggregate sentence was within discretion and not manifestly excessive, even considering the applicant’s personal circumstances and remorse. Leave to appeal is granted but the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed']