Issa v R: application of De Simoni principle

By Seppy Pour

On 2 August 2017, the NSWCCA handed down its decision in Issa v R [2017] NSWCCA 188. The case considered, inter alia, a rather unusual application of the De Simoni principle.

Background

The appellant was found guilty of five counts of intentionally damaging property by means of fire and five counts of doing an act with intent to pervert the course of justice. During the course of the trial, the appellant also pleaded guilty to one count of recklessly cause grievous bodily harm in company. Zahra DCJ imposed an aggregate sentence of 12 years with a non-parole period of 9 years. In coming to his determination, his Honour took into account the fact that the damage to properties by fire harboured the possibility of injury to others in the vicinity of the properties. Continue reading “Issa v R: application of De Simoni principle”

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Blast from the past: foundation cases and their recent application – De Simoni and Nguyen v The Queen

By Seppy Pour

The case of De Simoni is a foundational case dealing with the consideration of aggravating factors in criminal sentencing. It was recently considered in the High Court judgment of Nguyen v The Queen in the context of factors reducing the objective seriousness. Continue reading “Blast from the past: foundation cases and their recent application – De Simoni and Nguyen v The Queen”