Jawosh v R [2018] NSWCCA 162

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jawosh v R [2018] NSWCCA 162 Hearing dates: 13 July 2018 Decision date: 10 August 2018 Before: Payne JA at [1]; R A Hulme J at [2]; Button J at [58] Decision: (1) Leave to appeal against sentence granted. (2) Appeal allowed. (3) Quash the sentence imposed in the District Court on 4 July 2017. (4) Sentence the applicant to an aggregate term of imprisonment for 6 years and 6 months with a non-parole period of 4 years. The sentence is to date from 27 May 2016. The non-parole period will expire on 26 May 2020 whereupon the applicant will become eligible for release on parole. Catchwords: CRIME – sentence appeal – supply prohibited drug and possess prohibited weapon – sentenced to aggregate sentence of 8 years with non-parole period of 4 years – whether sentencing judge erred by finding possession of tasers connected to drug supply – finding of the sentencing judge well open to him – ground rejected – whether aggregate sentence manifestly excessive – sentences imposed very high for offences specified as below midrange – sentences for summary offences dealt with on indictment obviously excessive – aggregate sentence an unreasonable outcome and manifestly excessive – resentenced to 6 years 6 months with non-parole period of 4 years Legislation Cited: Crimes Act 1900 (NSW) s 193C Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A(2)(c) Criminal Procedure Act 1986 (NSW) s 166 Drug Misuse and Trafficking Act 1985 (NSW) ss 10, 25, 36Y Weapons Prohibition Act 1998 (NSW) s 7, Sch 1 Cases Cited: Gore v R; Hunter v R [2010] NSWCCA 330; 208 A Crim R 353 Luu v R [2008] NSWCCA 285 Thalari v R (2009) 75 NSWLR 307; [2009] NSWCCA 170 Category: Principal judgment Parties: Shahab Jawosh (Applicant) Regina (Respondent) Representation: Counsel: Mr S Boland (Applicant) Mr F Veltro (Crown)