Merhi v R [2019] NSWCCA 322

Merhi v R [2019] NSWCCA 322

The sentencing judge erred in failing to take proper account of the applicant's prior good character as a mitigating factor, effectively dismissing it due to her former employment and breach of trust. This amounted to double-counting, warranting appellate intervention, thus the sentence was quashed and a new...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing
Outcome
Appeal allowed. Leave to appeal granted. Sentence quashed. Applicant re-sentenced.
Legal Topics
['sentence Appeal' 'bribery of Public Official' 'importation of Tobacco' 'proceeds of Crime' 'abuse of Trust' 'mitigating and Aggravating Factors' 'manifest Excess']
['criminal Law'] ['sentence Appeal' 'bribery of Public Official' 'importation of Tobacco' 'proceeds of Crime' 'abuse of Trust' 'mitigating and Aggravating Factors' 'manifest Excess']

Source-derived case record

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 ["Whether the sentencing judge erred by treating the applicant's former employment as a Customs Officer as a matter seriously aggravating the offending" 'Whether offending constituted an abuse of trust or authority' 'Whether sentencing judge erroneously dismissed prior good character as a relevant mitigating factor' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge erred in failing to take proper account of the applicant's prior good character as a mitigating factor, effectively dismissing it due to her former employment and breach of trust. This amounted to double-counting, warranting appellate intervention, thus the sentence was quashed and a new aggregate custodial sentence imposed, having regard to both aggravating and mitigating factors.

Court Disposition

Appeal allowed. Leave to appeal granted. Sentence quashed. Applicant re-sentenced.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Sentence imposed on 12 April 2019 quashed.' 'Applicant sentenced to aggregate term of imprisonment of four years and six months with non-parole period of two years and six months, backdated to 12 March 2019; expiration and parole dates specified.']