Eli EL-YOUSSEF v R [2010] NSWCCA 4

Eli EL-YOUSSEF v R [2010] NSWCCA 4

The appeal was dismissed because no error of principle or sentencing discretion was shown. The 12.5 per cent discount for late pleas of guilty was appropriate; the applicant's custodial history and complaints about works release or parole supervision did not mitigate the offences; his prior record and parole status justified emphasis on deterrence and aggravation; and the sentence was not manifestly excessive, particularly given that a serious armed robbery had been placed on a Form 1 and the applicant received a sentence less than his overall criminality deserved.

Jurisdiction
Australia
Judgment Date
10 February 2010
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Application for leave to appeal is granted but the appeal is dismissed.
Legal Topics
['form 1 Matters' 'guilty Plea Discount' 'manifest Excess' 'prior Criminal Record' 'parole' 'non Parole Period']
['criminal Law' 'sentencing'] ['form 1 Matters' 'guilty Plea Discount' 'manifest Excess' 'prior Criminal Record' 'parole' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the discount for the applicant's pleas of guilty was inadequate" "Whether the sentencing judge failed to take into account the applicant's alleged lack of rehabilitation opportunities in custody" "Whether the sentencing judge improperly used the applicant's past sentence or criminal record as a guideline for sentence" 'Whether the total effective sentence and non-parole period were manifestly excessive or crushing']

Ratio Decidendi

The appeal was dismissed because no error of principle or sentencing discretion was shown. The 12.5 per cent discount for late pleas of guilty was appropriate; the applicant's custodial history and complaints about works release or parole supervision did not mitigate the offences; his prior record and parole status justified emphasis on deterrence and aggravation; and the sentence was not manifestly excessive, particularly given that a serious armed robbery had been placed on a Form 1 and the applicant received a sentence less than his overall criminality deserved.

Court Disposition

Application for leave to appeal is granted but the appeal is dismissed.

Orders

  • ['The application for leave is granted.' 'The appeal is dismissed.']