Kareem v R [2022] NSWCCA 188

Kareem v R [2022] NSWCCA 188

The sentencing judge erred by relying on the co-offender's agreed facts to determine the applicant's role, resulting in a failure to reflect the applicant's lower criminal culpability in the assessment of objective seriousness and in parity considerations. The applicant's lesser role required disparate findings and sentence. Other asserted errors were not made out.

Parties
Applicant: Zeeshan Kareem; Respondent: Regina
Jurisdiction
Australia
Judgment Date
05 September 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
Sentencing, Fraud, Aggravating and Mitigating Factors, Joint Criminal Enterprise, Parity of Sentence, Hardship to Family
Criminal Law Sentencing Fraud Aggravating and Mitigating Factors Joint Criminal Enterprise Parity of Sentence Hardship to Family

Case Brief

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Parties

Zeeshan Kareem

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by relying on co-offender's agreed facts to determine applicant's role and culpability
  2. 2 Whether it was open to find that the applicant used his skills as an accountant to commit the offences
  3. 3 Whether proper regard was given to hardship to applicant's family and impact on applicant

Ratio Decidendi

The sentencing judge erred by relying on the co-offender's agreed facts to determine the applicant's role, resulting in a failure to reflect the applicant's lower criminal culpability in the assessment of objective seriousness and in parity considerations. The applicant's lesser role required disparate findings and sentence. Other asserted errors were not made out.

Court Disposition

Appeal allowed

Orders

  • Application for leave to appeal granted.
  • Appeal allowed.