R v Ibrahim [2005] NSWCCA 43

New South Wales Court of Criminal Appeal

CITATION: R v Ibrahim [2005] NSWCCA 43

HEARING DATE(S): 17 February 2005

JUDGMENT DATE: 17 February 2005

JUDGMENT OF: Grove J at 23; Bell J at 24; Buddin J at 1

DECISION: 1 Grant leave to appeal. 2 Allow the appeals and quash the sentences imposed in the District Court. 3 In respect of count one of the first indictment, and taking into account the two matters on a Form 1, sentence the applicant to a fixed term of 18 months imprisonment to commence on 16 March 2004 and to expire on 15 September 2005. In respect of count 2, sentence the applicant to a fixed term of 12 months imprisonment to commence on 16 March 2004 and to expire on 15 March 2005. In respect of count 3, sentence the applicant to a fixed term of 12 months to commence on 16 September 2005 and to expire on 15 September 2006. 4 In respect of counts 1 and 2 of the second indictment, sentence the applicant to fixed terms of six months to commence on 16 March 2005 and to expire on 15 September 2005. In respect of count 3, and taking into account the matter on the Form 1, sentence the applicant to a non-parole period of six months to commence on 16 September 2006 and to expire on 15 March 2007 with the balance of the term of 12 months to expire on 15 March 2008. Direct that the applicant is to be released to parole on 15 March 2007.

CATCHWORDS: Sentencing - entering a buidling with intent to commit an indictable offence - possession of an unauthorised firearm - supply cannabis - accumulation of sentences produces non-parole which is disproportionate to the head sentence

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

R v Bolamutu [2002] NSWCCA 454 R v Clissold [2002] NSWCCA 356 R v Close (1993) 31 NSWLR 743 R v Keen [2004] NSWCCA 86 CASES CITED: R v Lupton [2003] NSWCCA 200 R v LWP [2003] NSWCCA 215 R v Simpson (1992) 61 A Crim R 58 R v So [2004] NSWCCA 362 R v Tran [2005] NSWCCA 35