Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11:

1. BELL CJ: On 22 November 2022, after a trial of 18 days, Trent Steven Smith (the Applicant) and his co-accused, Malak Fahmy Bishay (Mr Bishay), were found guilty by a jury on the following two counts:

"Count 1: For that between 13 February 2021 and 9 March 2021 at Waterloo and elsewhere in the State of New South Wales did while in company of another person detain Vanessa Paull without her consent and with intention of obtaining an advantage, namely psychological gratification, and at the time of the detaining actual bodily harm was occasioned to Vanessa Paull

Contrary to s.86(3) Crimes Act 1900 (NSW)

Count 2: For that between 26 February 2021 and 9 March 2021 at Waterloo and elsewhere in the State of New South Wales did while in company of another person detain Annika Finlay without her consent and with intention of obtaining an advantage, namely psychological gratification, and at the time of the detaining actual bodily harm was occasioned to Annika Finlay

Contrary to s.86(3) Crimes Act 1900 (NSW)".

2. The Applicant was also found guilty of the following count:

"Count 3: Further that Trent Steven Smith on 18 February 2021 at Sydney in the State of New South Wales did by deception, that is by using the Commonwealth Bank card of Vanessa Paull to make an ATM withdrawal without authority or consent, dishonestly obtained a financial advantage, namely $400 cash

Contrary to s.192E(1)(b) Crimes Act 1900 (NSW)".

3. Mr Bishay, who was the uncle of the Applicant, was found guilty of two further counts.

4. Both complainants, Ms Paull and Ms Finlay, gave evidence and were extensively cross examined at the trial. The jury deliberated on its verdicts for two days.

5. On 28 July 2023, in respect of counts 1 and 2, the Applicant was sentenced to an aggregate term of imprisonment of 8 years that commenced on 1 June 2021 and which will expire on 31 May 2029 with a non-parole period of 5 years. He is first eligible for parole on 31 May 2026. The judge gave indicative sentences of 6 years for Count 1, and 5 years for Count 2. It will be apparent that the Applicant has already served just over 4 years of his sentence.

6. A community corrections order for 12 months was imposed in respect of Count 3.

7. The Applicant now seeks leave to appeal out of time on a single ground, namely that the verdicts are unreasonable and cannot be supported having regard to the evidence.

8. Leave to appeal out of time should be granted but the appeal must be dismissed. The verdicts of the jury were not unreasonable and were supported by the evidence which I have reviewed closely for the purpose of these reasons.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f22da8aa21a7a532c67a3)

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