Toksoz v R [2019] NSWCCA 10

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Toksoz v R [2019] NSWCCA 10 Hearing dates: 26 November 2018 Date of orders: 13 February 2019 Decision date: 13 February 2019 Before: Hoeben CJ at CL [1] Bellew J [2] Campbell J [42] Decision: (1) Leave to appeal granted.

(2) Appeal dismissed.

(3) The sentence imposed by the sentencing judge is confirmed.

(4) The applicant is to be returned to custody forthwith.

(5) The applicant is to be released at the expiration of his non-parole period on 12 September 2019.

(6) The applicant's sentence will expire on 12 September 2020. Catchwords: CRIMINAL LAW – Sentence – Appeal - Application for leave to appeal – Offences of being an accessory after the fact – Whether sentencing judge erred in the assessment of the objective seriousness of the offending – Whether sentence was manifestly excessive – Whether the principle in R v De Simoni was breached by the sentencing judge Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: JM v R [2014] NSWCCA 297 R v De Simoni [1981] 147 CLR 383; [1981] HCA 31 R v Palu [2002] NSWCCA 381 Stocco, Gino v R; Stocco, Mark v R [2018] NSWCCA 164 Turkmani v R [2014] NSWCCA 186 Category: Principal judgment Parties: Ahmet Toksov - Applicant Regina - Crown Representation: Counsel: A Francis – Applicant C Curtis – Crown