Hesham ELSOBKY v REGINA [2006] NSWCCA 168

Hesham ELSOBKY v REGINA [2006] NSWCCA 168

The sentencing judge did not err: a fifteen percent discount for a very late guilty plea was within discretion; the hardship to the applicant's family was recognised by reducing the non-parole period but was not shown to require further reduction; and a full-time custodial sentence of two and a half years was open given the maximum penalty, the circumstances of the offence, and the applicant's commission of the offence while on a bond.

Jurisdiction
Australia
Judgment Date
26 May 2006
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
['sentencing' 'accessory After the Fact to Armed Robbery' 'plea of Guilty Discount' 'hardship to Family' 'manifest Excess' 'conditional Liberty']
['criminal Law'] ['sentencing' 'accessory After the Fact to Armed Robbery' 'plea of Guilty Discount' 'hardship to Family' 'manifest Excess' 'conditional Liberty']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether appropriate weight was given to the applicant's plea of guilty" "Whether adequate weight was given to hardship to the applicant's family resulting from imprisonment" 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge did not err: a fifteen percent discount for a very late guilty plea was within discretion; the hardship to the applicant's family was recognised by reducing the non-parole period but was not shown to require further reduction; and a full-time custodial sentence of two and a half years was open given the maximum penalty, the circumstances of the offence, and the applicant's commission of the offence while on a bond.

Court Disposition

Leave to appeal granted, appeal dismissed.

Orders

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