ALCHIKH, Mohamad Raghid v R [2007] NSWCCA 345

ALCHIKH, Mohamad Raghid v R [2007] NSWCCA 345

The discount for assistance to authorities is only available to the extent that the assistance is accepted and used by the authorities; since the applicant's evidence was not relied upon by the Crown as truthful, and was rejected, there was no basis for a further discount. The outcome of a co-accused's appeal does not affect the assessment of assistance provided.

Parties
Appellant: Mohamad Raghid Alchikh; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 December 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Assistance to Authorities, Discount for Assistance, Conspiracy to Import Narcotic Goods
Criminal Law Sentencing Assistance to Authorities Discount for Assistance Conspiracy to Import Narcotic Goods

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Parties

Mohamad Raghid Alchikh

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in the discount allowed for assistance to authorities
  2. 2 Whether the discount for assistance to authorities should be greater
  3. 3 Whether the parity principle was breached

Ratio Decidendi

The discount for assistance to authorities is only available to the extent that the assistance is accepted and used by the authorities; since the applicant's evidence was not relied upon by the Crown as truthful, and was rejected, there was no basis for a further discount. The outcome of a co-accused's appeal does not affect the assessment of assistance provided.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.