Behman v Regina [2014] NSWCCA 239

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Behman v Regina [2014] NSWCCA 239 Hearing dates: 21 July 2014 Decision date: 29 October 2014 Before: Hoeben CJ at CL at [1] McCallum J at [2] Garling J at [33] Decision: Time in which to seek leave to appeal extended to 27 March 2014; leave to appeal granted; appeal allowed; sentence imposed at first instance quashed and, in substitution therefor, applicant sentenced to an aggregate term of imprisonment with a non-parole period of 18 months commencing on 15 February 2013 and concluding on 14 August 2014 and a balance of term of 6 months concluding on 14 February 2015; applicant ordered to be released immediately. Catchwords: CRIME - appeal - sentencing - aggregate sentence - indicative sentences revealing departure from the principles stated in Pearce v The Queen Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Police Integrity Commission Act 1996 Cases Cited: Einfeld v The Queen [2010] NSWCCA 87; (2010) 200 A Crim R 1 Grealish v R [2013] NSWCCA 336 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 R v Einfeld [2009] NSWSC 119 R v F [2002] NSWCCA 320; (2002) 132 A Crim R 307 Truong v R; R v Lee; Nguyen v R; R v Nguyen [2013] NSWCCA 36 Category: Sentence Parties: Tarek Behman (applicant) Regina (respondent) Representation: Counsel: H Dhanji (applicant) N Adams (Crown) Solicitors: Elie Rahme & Associates (applicant) IV Knight, Director of Public Prosecutions (respondent) File Number(s): 2010/225970 Publication restriction: None Decision under appeal Date of Decision: 2013-02-15 00:00:00 Before: Sorby DCJ File Number(s): 2010/225970