Assi v Regina [2006] NSWCCA 257

Assi v Regina [2006] NSWCCA 257

There was a discrepancy in the non-parole period as between the sentencing remarks and the official record; the appeal is allowed to the limited extent necessary to align the non-parole period with the judge's intention. The sentences were otherwise not manifestly excessive given the seriousness, pattern of offending, and circumstances.

Parties
Applicant: Joseph Assi; Respondent: Regina
Jurisdiction
Australia
Judgment Date
24 August 2006
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed in part; non-parole period for Count 4 reduced and consequential adjustment to contempt sentences ordered.
Legal Topics
Sentencing, Fraud, Manifestly Excessive Sentences, Pathological Gambling, Breach of Trust, Parole and Bail Breaches
Criminal Law Sentencing Fraud Manifestly Excessive Sentences Pathological Gambling Breach of Trust Parole and Bail Breaches

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Joseph Assi

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether the sentencing judge failed to properly account for discrepancy in non-parole period
  3. 3 Relevance of pathological gambling addiction to sentencing

Ratio Decidendi

There was a discrepancy in the non-parole period as between the sentencing remarks and the official record; the appeal is allowed to the limited extent necessary to align the non-parole period with the judge's intention. The sentences were otherwise not manifestly excessive given the seriousness, pattern of offending, and circumstances.

Court Disposition

Leave to appeal granted; appeal allowed in part; non-parole period for Count 4 reduced and consequential adjustment to contempt sentences ordered.

Orders

  • In respect of count 4 the non-parole period specified is quashed and in lieu there be specified a non-parole period of 6 months to expire on 16 August 2009, the date upon which the applicant is eligible to be released to parole.
  • The sentences imposed for contempt in the Supreme Court on 4 March 2005 are each to commence on 17 August 2009 and the non-parole period of 3 months is to expire on 16 November 2009, the date upon which the applicant is to be released to parole. The total term of each sentence is to expire on 16 August 2010.