Chahal v R [2017] NSWCCA 203

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chahal v R [2017] NSWCCA 203 Hearing dates: 11 August 2017 Date of orders: 28 August 2017 Decision date: 28 August 2017 Before: Simpson JA at [1] Harrison J at [2] Davies J at [47] Decision: (1) Grant leave to appeal.

(2) Allow the appeal.

(3) Quash the sentence imposed upon the applicant by G D Woods QC DCJ on 27 May 2016.

(4) In lieu of the sentence imposed, sentence the applicant as follows :-

(a) On the charge of possessing an offensive weapon (knife) with intent to commit an indictable offence (armed robbery) in company, sentenced to a fixed term of imprisonment of 2 years commencing on 11 March 2016 and expiring on 10 March 2018.

(b) On the charge of aggravated (in company) break, enter and steal and commit serious indictable offence (larceny), sentenced to a non-parole period of 2 years and 9 months commencing on 11 March 2017 and expiring on 10 December 2019 with a balance of term of 1 year and 11 months expiring on 10 November 2021. Catchwords: APPEAL – appeal against sentence – where sentencing judge indicated a discount for a plea of ten percent – where comparable co-offenders sentenced to same term without benefit of discount – whether sentencing judge omitted to apply discount as indicated – whether similarity of sentences explicable by applicant's differing subjective case Legislation Cited: Crimes Act 1900 Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Huckstadt v R [2016] NSWCCA 22 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R [2016] NSWCCA 255 Newman v R [2012] NSWCCA 69 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Williamson v R [2015] NSWCCA 250 Zhao v R [2016] NSWCCA 179 Category: Principal judgment Parties: Ammar Chahal (Applicant) Regina (Crown) Representation: Counsel: T Game SC and A Francis (Applicant) B Baker (Crown)