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Key decisions

  • Bazzi  v R [2024] NSWCCA 35
  • Marium v Van Zuylen [2024] NSWSC 258

Bazzi v R [2024] NSWCCA 35

Committing section 114 offence with previous conviction for s 114 – elements of the offence – sentencing – optimistic calls for amendment

In this judgment dealing with the problematic (but relatively common) offence under section 115 of the Crimes Act 1900 (NSW), the Court of Criminal Appeal (‘CCA’) has discussed the elements of the offence, revisited the problems with sentencing for it, and called for Parliamentary intervention.

The applicant pleaded guilty to a range of property offences committed over a period of about 17 months. One of those offences was an offence pursuant to subsection 114(1)(d) of the Crimes Act. More importantly, she was also charged with an offence under s 115. She was sentenced to an aggregate sentence of 3 years and 1 month, with a non-parole period of 2 years. She appealed on grounds including that the sentencing judge erred by failing to apply High Court authority so as to avoid double punishment for the s 115 offence (this summary does not deal with the other grounds of appeal).

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