Chaouk v R [2017] NSWCCA 295

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chaouk v R [2017] NSWCCA 295 Hearing dates: 6 October 2017 Decision date: 04 December 2017 Before: Macfarlan JA at [1] Fullerton J at [2] Fagan J at [72] Decision: 1. Leave to appeal granted. 2. The appeal is allowed. 3. Quash the sentence imposed in the District Court on 16 September 2016. 4. In lieu thereof, the applicant is sentenced to an aggregate term of imprisonment of 20 years comprising a non-parole period of 14 years commencing on 3 April 2014 and expiring on 2 April 2028, with a balance of term of 6 years expiring on 2 April 2034. Catchwords: CRIMINAL LAW – appeal against sentence – assault with intent to rob whilst armed with an offensive weapon – robbery whilst armed with a dangerous weapon – discharge firearm with intent to cause grievous bodily harm – whether aggregate sentence failed to properly apply principle of totality – whether sentencing judge failed to provide adequate reasons for aggregate sentence imposed – whether sentencing judge failed to sentence in accordance with the principle of instinctive synthesis – whether sentence was "crushing – whether sentence was manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Beale v R [2015] NSWCCA 120 JM v R [2014] NSWCCA 297 JT v R [2012] NSWCCA 133 Kerr v R [2016] NSWCCA 218 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Pizzimenti v R [2017] NSWCCA 231 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Camp [2004] NSWCCA 264 R v Van Ryn [2016] NSWCCA 1 Trad v R [2009] NSWCCA 56 ZA v R [2017] NSWCCA 132 Category: Principal judgment Parties: Ali Chaouk (Applicant) The Crown (Respondent) Representation: Counsel: J Glissan QC (Applicant) F Veltro (Crown)