NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Behjani-Zadeh v R [2018] NSWCCA 97 Hearing dates: 16 May 2018 Decision date: 23 May 2018 Before: Basten JA at [1]; Button J at [27]; Fagan J at [28] Decision: (1) Grant the applicant leave to appeal from the sentence imposed on him by the District Court on 27 March 2017.
(2) Dismiss the appeal. Catchwords: CRIME – appeal against severity of sentence – multiple charges arising out of single course of conduct – firearms offences – intimidation causing fear – offences not involving identical elements – whether same culpability double-counted in sentencing – aggregate sentence Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Crimes Act 1900 (NSW), s 93G Criminal Procedure Act 1986 (NSW), s 166 Firearms Act 1996 (NSW), s 7 Cases Cited: Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 Category: Principal judgment Parties: Mojtaba Behjani-Zadeh (Applicant) Regina (Respondent) Representation: Counsel: Mr R Webb/Mr J Jiang (Applicant) Ms M England (Respondent)
Solicitors: Macquarie Lawyers (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 2015/119856 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 27 March 2017 Before: Armitage ADCJ File Number(s): 2015/119856
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