Zuhaib Shahzad v R [2016] NSWCCA 94

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zuhaib Shahzad v R [2016] NSWCCA 94 Hearing dates: 27 April 2016 Decision date: 22 July 2016 Before: Hoeben CJ at CL at [1] Campbell J at [2] N Adams J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Quash the sentence of Frearson DCJ imposed on 20 March 2015. (4) Sentence the applicant to a period of imprisonment for eight years and nine months to date from 13 March 2011 and expiring on 12 December 2019 with a non-parole period of five years and six months. The applicant will become eligible for parole on 12 September 2016. Catchwords: CRIMINAL LAW – application for leave to appeal sentence – parity of sentence between co-offenders – justifiable sense of grievance – leave granted – appeal allowed Legislation Cited: Crimes Act 1900 (NSW), ss 97(1), 97(2), 154A(1)(b) Crimes (Sentencing Procedure) Act 2001 (NSW), ss 3A, 32 Firearms Act 1996 (NSW), s 7(1) Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 Lam v R [2014 NSWCCA 50 Loader v R; Dunn v R [2013] NSWCCA 215 Lowe v The Queen [1984] HCA 46; (1984) 154 CLR 606 R v Voss [2003] NSWCCA 182 Tuivaga v R [2015] NSWCCA 125 Category: Principal judgment Parties: Zuhaib Shahzad (Applicant) Regina (Respondent) Representation: Counsel: K Averre (Applicant) N Noman SC (Respondent)