Zreika v R [2020] NSWCCA 345

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zreika v R [2020] NSWCCA 345 Hearing dates: 6 November 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Before: Payne JA at [1]; Bellew J at [2]; Wright J at [3] Decision: (1) The applicant is granted leave to appeal in respect of ground 2 but otherwise leave to appeal is refused. (2) The appeal is allowed to the extent necessary to permit correction of the calculation error in the sentence imposed by the District Court at Lismore on 26 November 2019. (3) The sentence imposed by Hunt DCJ on 26 November 2019 is adjusted so that the applicant is sentenced to a term of imprisonment with a non-parole period of four years commencing on 7 May 2019 and expiring on 6 May 2023 with a balance of term of two years, expiring on 6 May 2025. Catchwords: CRIMINAL LAW – Sentence – Appeal against sentence – Whether sentencing judge erred in failing to give effect to finding of special circumstances – Sentencing judge plainly considered the effect accumulation would have on the overall length of time spent in custody – No error established CRIMINAL LAW – Sentence – Appeal against sentence – Where sentencing judge erred by one day in fixing commencement date for firearms offences – Minor error in calculation not a legal error requiring the exercise of sentencing discretion afresh – Application of Lehn v R (2016) 93 NSWLR 205 – Sentence adjusted by one calendar day Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Caristo v R [2011] NSWCCA 7 CC v R [2019] NSWCCA 229 GP v R [2017] NSWCCA 200 Elwood v R [2019] NSWCCA 315 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 Lonsdale v R [2020] NSWCCA 267 Refaieh v R (2018) 272 A Crim R 248; [2018] NSWCCA 72 Rizk v R [2020] NSWCCA 291 Sabongi v R [2015] NSWCCA 25 Category: Principal judgment Parties: Mohammed Zreika (Applicant) Regina (Crown) Representation: Counsel: S Hall (Applicant) B Baker (Crown)