Zreika v R [2023] NSWCCA 317

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zreika v R [2023] NSWCCA 317 Hearing dates: 30 November 2023 Date of orders: 07 December 2023 Decision date: 07 December 2023 Before: Bell CJ at [1]; Price J at [29]; Hamill J at [30] Decision: Pursuant to s 59 of the Crimes (Sentencing Procedure) Act 1999 (NSW), vary the orders made by Wilson SC DCJ on 12 May 2020 so that the commencement date of the Applicant's 27 month sentence is 4 August 2022. The Applicant's 18 month non-parole period will now expire on 3 February 2024. Catchwords: CRIMINAL LAW – appeal – sentencing – application of Crimes (Sentencing Procedure) Act 1999 (NSW), s 59 – whether commencement date of a sentence should be varied to preserve the sentencing judge's intention as to the period of concurrence between two sentences served by the Applicant for unrelated offences – where the Applicant brought a successful appeal against sentence in relation to the earlier of the two sentences – where considerable delay in bringing the application Legislation Cited: Crimes Act 1900 (NSW) ss 52A(1)(c), 52A(3)(c), 197(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 43, 59 Criminal Appeal Act 1912 (NSW) ss 5(1)(c), 6(3) Criminal Procedure Act 1986 (NSW) s 166 Road Transport Act 2013 (NSW) s 54(3)(a) Road Rules 2014 (NSW) r 292(a) Cases Cited: Allan v R (No 2) [2011] NSWCCA 27 Makarov v R (No 4) [2008] NSWCCA 341 R v Pham [2004] NSWCCA 263 Sahartor v R [2020] NSWCCA 36 Zreika v R [2021] NSWCCA 243 Category: Principal judgment Parties: Moustaffa Zreika (Applicant) The Crown (Respondent) Representation: Counsel: