Yacoub v R [2021] NSWCCA 166

Yacoub v R [2021] NSWCCA 166

No further direction under Liberato was necessary as appropriate directions were given and the form of direction agreed by counsel and judge; the sentencing judge's reference to money laundering did not constitute a De Simoni error or inflation of criminality; leave to appeal conviction refused and sentence appeal dismissed.

Parties
Applicant: Simon Yacoub; Respondent: Regina
Jurisdiction
Australia
Judgment Date
19 July 2021
Procedural Posture
Criminal Appeal / Decision on Applications for Leave to Appeal Conviction and Sentence
Outcome
Leave to appeal conviction refused; leave to appeal sentence granted but appeal dismissed; extensions of time granted.
Legal Topics
Conviction Appeal, Jury Direction, Burden of Proof, Dealing With Proceeds of Crime, Reasonable Grounds to Suspect, Criminal Appeal Rules, Sentencing, Money Laundering, De Simoni Error
Criminal Law Conviction Appeal Jury Direction Burden of Proof Dealing With Proceeds of Crime Reasonable Grounds to Suspect Criminal Appeal Rules Sentencing +2 more

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Parties

Simon Yacoub

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Decision on Applications for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge failed to direct the jury regarding burden of proof as per Liberato v The Queen
  2. 2 Whether the sentencing judge erred by referring to money laundering and inflating objective criminality (De Simoni error)

Ratio Decidendi

No further direction under Liberato was necessary as appropriate directions were given and the form of direction agreed by counsel and judge; the sentencing judge's reference to money laundering did not constitute a De Simoni error or inflation of criminality; leave to appeal conviction refused and sentence appeal dismissed.

Court Disposition

Leave to appeal conviction refused; leave to appeal sentence granted but appeal dismissed; extensions of time granted.

Orders

  • Extension of time to file application for leave to appeal conviction to 7 January 2021 granted.
  • Leave to appeal conviction refused pursuant to r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW).