Arab v R [2019] NSWCCA 39

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Arab v R [2019] NSWCCA 39 Hearing dates: 21 November 2018 Date of orders: 01 March 2019 Decision date: 01 March 2019 Before: Macfarlan JA at [1]; Rothman J at [2]; R A Hulme J at [63] Decision: (1) Time for the filing of the appeal extended to the date upon which the Notice to Appeal was lodged, namely, 21 September 2018;

(2) Leave to appeal granted;

(3) Appeal dismissed. Catchwords: CRIME – CRIMINAL APPEAL – sentence appeal – four co-offenders, three of whom charged with more serious offences than applicant – applicant's sentence significantly less than co-offenders – applicant claims justifiable sense of grievance and that difference between offenders not adequately reflected in the differentiation in sentence – different sentences rationally reflect difference between offence and offenders – differentiation not plainly unjust or unreasonable – appeal refused. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A(2) Crimes Act 1900 (NSW), s 193B(2) Drug Misuse and Trafficking Act 1985 (NSW), ss 25(1), 25(2) Firearms Act 1996 (NSW), s 36(1), Weapons Prohibition Act 1998 (NSW), s 7(1) Cases Cited: Fenech v R [2018] NSWCCA 160 Grabovac v R [2018] NSWCCA 100 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jimmy v The Queen (2010) 77 NSWLR 540; [2010] NSWCCA 60 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Darwich [2018] NSWCCA 46 Why v R [2017] NSWCCA 101 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Omer Arab (Applicant) Regina (Respondent) Representation: Counsel: P Lange (Applicant) F Veltro (Crown)