AOUN, Gabriel v. REGINA [2007] NSWCCA 292

AOUN, Gabriel v. REGINA [2007] NSWCCA 292

No sentencing error was shown. The applicant's acts in preparing and wiping down the stolen Skyline and advising that action should not occur in daylight supported the sentencing judge's findings that his assistance and culpability were substantial and that he was an essential cog. The sentencing judge was entitled not to be satisfied on the balance of probabilities that the applicant was otherwise of good character, having regard to the nature of the conduct and his associations, while still giving credit for lack of prior convictions and work history. Although heavy, the sentence was not manifestly excessive given the useful assistance provided to a serious drive-by shooting murder.

Jurisdiction
Australia
Judgment Date
16 October 2007
Procedural Posture
Criminal Appeal: Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Decision on Leave and Appeal From Sentence Imposed in the Supreme Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['accessory Before the Fact to Murder' 'good Character as Mitigating Factor' 'manifestly Excessive Sentence' 'culpability in Sentencing' 'crimes (sentencing Procedure) Act 1999 S.21 A']
['criminal Law' 'sentencing' 'appeals'] ['accessory Before the Fact to Murder' 'good Character as Mitigating Factor' 'manifestly Excessive Sentence' 'culpability in Sentencing' 'crimes (sentencing Procedure) Act 1999 S.21 A']

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Procedural Posture

Criminal Appeal: Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Decision on Leave and Appeal From Sentence Imposed in the Supreme Court

Legal Issues

  1. 1 ["Whether the sentencing judge erred in finding that the applicant's culpability was substantial and that he was an essential cog in the events as they occurred." 'Whether the sentencing judge erred in failing to find that the applicant was otherwise a person of good character.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

No sentencing error was shown. The applicant's acts in preparing and wiping down the stolen Skyline and advising that action should not occur in daylight supported the sentencing judge's findings that his assistance and culpability were substantial and that he was an essential cog. The sentencing judge was entitled not to be satisfied on the balance of probabilities that the applicant was otherwise of good character, having regard to the nature of the conduct and his associations, while still giving credit for lack of prior convictions and work history. Although heavy, the sentence was not manifestly excessive given the useful assistance provided to a serious drive-by shooting murder.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']