Ibrahim v R [2016] NSWCCA 6

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ibrahim v R [2016] NSWCCA 6 Date of orders: 10 February 2016 Decision date: 10 February 2016 Before: Macfarlan JA at [1] Rothman J at [2] Bellew J at [4] Decision: Leave to appeal granted. Catchwords: CRIMINAL LAW – Appeal – Sentence – Applicant pleaded guilty mid-trial to attempting to possess a commercial quantity of a border controlled drug – Psychologist's report tendered on sentence diagnosed applicant as having a mild mental retardation – No submissions were put to sentencing judge regarding the applicability of principles pertaining to mentally ill offenders – Whether primary judge erred in failing to sentence the applicant according to such principles – Whether serious injustice arose as a consequence of the failure of counsel to put such submissions – No injustice established - No error established

CRIMINAL LAW – Appeal – Sentence – Where applicant played a significant role in the importation of a commercial quantity of opium – Whether sentencing judge had proper regard to the applicant's subjective circumstances – Seriousness of offending – Need for general deterrence – Sentence of 12 years and 6 months imprisonment with a non-parole period of 7 years and 6 months not manifestly excessive – Appeal dismissed Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Cases Cited: Dicianni v R; Pintabona v R [2015] NSWCCA 201 Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Garcia v R [2013] NSWCCA 241 Director of Public Prosecutions (Cth) v El Kaharni (1990) 21 NSWLR 370 R v Bavadra [2000] NSWCCA 292; (2000) 115 A Crim R 152 R v Nguyen; R v Pham [2010] NSWCCA 238; (2010) 205 A Crim R 106 R v Riddell [2009] NSWCCA 96; (2009) 194 A Crim R 524 R v Todd (NSWCCA unreported, 7 February 1994) Romero v R [2011] VSCA 45; (2011) 32 VR 486 The Queen v Pham [2015] HCA 39 Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Category: Principal judgment Parties: Hanan Mohamad Ibrahim (Applicant) Regina (Respondent) Representation: Counsel: W Hunt (Applicant) P R McGuire SC (Respondent)