Zahed v R [2024] NSWCCA 171

Zahed v R [2024] NSWCCA 171

The applicant's sentence was properly differentiated from those of Abdul Zahed and Triantefilos Vlangos, as Vlangos was not a co-offender in the same criminal enterprise and had committed a simple property crime without knowledge of the death under investigation, while Abdul's and the applicant's circumstances and...

Source-derived case information.

Parties
Respondent: Rex; Applicant: Tarek Zahed
Jurisdiction
Australia
Judgment Date
18 September 2024
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Substantive Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
Appeal Against Sentence, Parity Principle, Hindering Police Investigation, Assessment of Comparative Culpability, Accessory After the Fact, Comparative Sentencing
Criminal Law Appeal Against Sentence Parity Principle Hindering Police Investigation Assessment of Comparative Culpability Accessory After the Fact Comparative Sentencing

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Parties

Rex

Respondent

Tarek Zahed

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Substantive Appeal Against Sentence

Legal Issues

  1. 1 Whether applicant has a justifiable sense of grievance regarding sentences imposed on co-offenders
  2. 2 Whether sentences imposed on co-offenders were properly comparable for purposes of parity
  3. 3 Assessment of comparative culpability and subjective circumstances

Ratio Decidendi

The applicant's sentence was properly differentiated from those of Abdul Zahed and Triantefilos Vlangos, as Vlangos was not a co-offender in the same criminal enterprise and had committed a simple property crime without knowledge of the death under investigation, while Abdul's and the applicant's circumstances and culpability were sufficiently alike and the sentencing judge's differentiation was open to him in his discretion; consequently, there was no marked disparity justifying appellate intervention.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

  • Grant leave to the applicant to appeal against sentence.
  • Dismiss the appeal.