R v Waskin [2003] NSWCCA 96

R v Waskin [2003] NSWCCA 96

The verdict was reasonably open to the jury on the evidence and intention was established. The original sentence of a $2,000 fine was manifestly inadequate for the seriousness of the offence, which called for a term of imprisonment served by way of periodic detention.

Parties
Respondent: Crown; Appellant: Mamdouh Waskin
Jurisdiction
Australia
Judgment Date
09 April 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Crown Appeal Against Sentence
Outcome
Appeal against conviction dismissed; Crown appeal against sentence allowed; sentence quashed; substitute sentence of eighteen months' imprisonment by way of periodic detention.
Legal Topics
Appeal Against Conviction, Crown Appeal Against Sentence, Inducing Witness to Give False Evidence, Sentencing, Periodic Detention
Criminal Law Appeal Against Conviction Crown Appeal Against Sentence Inducing Witness to Give False Evidence Sentencing Periodic Detention

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Parties

Crown

Respondent

Mamdouh Waskin

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Crown Appeal Against Sentence

Legal Issues

  1. 1 Whether the verdict of guilty on inducing a witness to give false evidence was reasonably open to the jury
  2. 2 Whether the sentence imposed was manifestly inadequate

Ratio Decidendi

The verdict was reasonably open to the jury on the evidence and intention was established. The original sentence of a $2,000 fine was manifestly inadequate for the seriousness of the offence, which called for a term of imprisonment served by way of periodic detention.

Court Disposition

Appeal against conviction dismissed; Crown appeal against sentence allowed; sentence quashed; substitute sentence of eighteen months' imprisonment by way of periodic detention.

Orders

  • Appeal against conviction dismissed
  • Crown appeal against sentence allowed, sentence quashed