Sumrein v R [2019] NSWCCA 83

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sumrein v R [2019] NSWCCA 83 Hearing dates: 3 April 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Before: Leeming JA at [1] Ierace J at [5] Hidden AJ at [6] Decision: 1. Leave granted, appeal allowed. 2. Sentence in District Court of New South Wales quashed. 3. Applicant resentenced to imprisonment for 3 years, NPP 1 year and 5 months, from 16 November 2017. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – possession of loaded firearm in a public place – applicant obtained firearm after drive-by shooting at his home – obtained for defence of himself and his family – not involved in criminal activity – whether his motive for obtaining the firearm relevant to assessment of objective gravity, moral culpability Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes Act 1900 (NSW) Firearms Act 1996 (NSW) Cases Cited: Cao v R [2013] NSWCCA 321 Johan v R [2015] NSWCCA 58 Luu v R [2008] NSWCCA 285 Mack v R [2009] NSWCCA 216 R v AZ [2011] NSWCCA 43; 205 A Crim R 222 R v Dusan Krstic [2005] NSWCCA 391 R v Shortland [2018] NSWCCA 34 Regina v AA [2006] NSWCCA 55 Tepania v R [2018] NSWCCA 247 Thalari v Regina [2009] NSWCCA 170 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: Mahmoud Sumrein (Applicant) Regina (Crown) Representation: Counsel: S J Odgers SC (Applicant) G Newton (Crown)