Taybah v R [2024] NSWCCA 182

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Taybah v R [2024] NSWCCA 182 Hearing dates: 20 September 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Before: Bell CJ at [1] Davies J at [2] Wright J at [53] Decision: (1) Extend time for filing the present application to 1 July 2024. (2) Grant leave to appeal. (3) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – failure to take into account a relevant consideration – whether the sentencing judge failed to have regard to critical matters in the evaluation of objective seriousness – where applicant pleaded guilty to several offences of supplying a commercial quantity of prohibited drugs and knowingly dealing with the proceeds of crime – where applicant submitted that he tried to withdraw from the arrangement to possess the drugs – where applicant submitted that the sentencing judge failed to deal with the applicant's possession of the drugs being highly reluctant – applicant accepted that he was not operating under duress – where the sentencing judge set out the facts from which the seriousness of the offending could be seen – where there was no evidence that the applicant withdrew from the arrangement – where the sentencing judge deal with submissions made on behalf of applicant – where matters raised on appeal were not put to the sentencing judge – no error demonstrated Legislation Cited: Crimes Act 1900 (NSW) s 193B Drug Misuse and Trafficking Act 1985 (NSW) s 25 Poisons and Therapeutic Goods Act 1966 (NSW) s 16 Cases Cited: R v Ferguson [2022] NSWCCA 147 Texts Cited: Nil Category: Principal judgment Parties: Hassan Taybah (Applicant) Crown (Respondent) Representation: Counsel: T Game SC & A Francis (Applicant) B Hatfield SC (Respondent)