Regina v El-Youssef [2000] NSWCCA 481

Regina v El-Youssef [2000] NSWCCA 481

Given the large number of offences, prior history, offending while on parole, and the gravity of the robberies, the sentencing judge did not err in imposing an overall sentence of ten years with a minimum of seven years. The sentence was within the available discretion and not manifestly excessive.

Source-derived case information.

Parties
Respondent: Regina; Applicant: Elie El-Youssef
Jurisdiction
Australia
Judgment Date
15 December 2000
Procedural Posture
Criminal Appeal / Severity Appeal; Judgment on Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Severity Appeal, Robbery in Company, Sentencing Statistics, Parole Abuse, Totality Principle
Criminal Law Sentencing Severity Appeal Robbery in Company Sentencing Statistics Parole Abuse Totality Principle

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Parties

Regina

Respondent

Elie El-Youssef

Applicant

Procedural Posture

Criminal Appeal / Severity Appeal; Judgment on Appeal

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive for five counts of robbery in company and four counts of robbery in company taken into account under Form 1
  2. 2 Whether the judge erred by setting too high a starting point for sentence
  3. 3 Whether the sentences reflected the applicant’s plea of guilty and subjective circumstances

Ratio Decidendi

Given the large number of offences, prior history, offending while on parole, and the gravity of the robberies, the sentencing judge did not err in imposing an overall sentence of ten years with a minimum of seven years. The sentence was within the available discretion and not manifestly excessive.

Court Disposition

Leave to appeal granted. Appeal dismissed.