Yassien v R [2006] NSWCCA 15

Yassien v R [2006] NSWCCA 15

The sentencing judge's failure to expressly mention the capability of summary disposal was not indicative of error given the objective seriousness of the offence and the sentence's length. Likewise, although there was no explicit reference to the totality principle, the reasoning process showed it was applied. The grounds of appeal failed.

Parties
Applicant: Nabil Yassien; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 February 2006
Procedural Posture
Sentence Appeal / Appellate Judgment
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Summary Disposal, Principle of Totality
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Summary Disposal Principle of Totality

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Parties

Nabil Yassien

Applicant

Regina

Respondent

Procedural Posture

Sentence Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to refer to the offence being capable of summary disposal
  2. 2 Whether the sentencing judge failed to apply the principle of totality

Ratio Decidendi

The sentencing judge's failure to expressly mention the capability of summary disposal was not indicative of error given the objective seriousness of the offence and the sentence's length. Likewise, although there was no explicit reference to the totality principle, the reasoning process showed it was applied. The grounds of appeal failed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.