Zahed v R [2019] NSWCCA 102

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zahed v R [2019] NSWCCA 102 Hearing dates: 28 November 2018 Date of orders: 29 May 2019 Decision date: 29 May 2019 Before: Hoeben CJ at CL at [1] Bellew J at [2] Campbell J at [3] Decision: (1) Grant leave to appeal; (2) Appeal allowed; (3) Quash the sentence passed in the District Court on 4 November 2016 and instead sentence the applicant to an aggregate sentence of imprisonment, having a non-parole period of 6 years and 6 months, commencing on 18 March 2014 and ending on 17 September 2020 with an additional term of 3 years and 6 months, commencing on 18 September 2020 and expiring on 17 March 2024. The applicant will be eligible for parole after the expiration of the non-parole period on 17 September 2020. Catchwords: CRIMINAL LAW – Appeals – appeal by applicant against aggregate sentence – trial judge's misstatement of statutory threshold for large commercial quantity of methylamphetamine – trial judge overemphasised role of weight as factor in sentencing – appeal allowed – resentence applicant – lesser sentence warranted

CRIMINAL LAW – Parity principle – issue of equality before the law – comparison of seriousness of criminality of applicant against co-offenders – like cases be treated alike – different cases be treated differently according to circumstances of the case – no error as to application of parity principle Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), XX Drug Misuse Trafficking Act 1985 (NSW) ss 24, 25 Firearms Act 1996 (NSW), Pt 7 Cases Cited: Biddle v R [2017] NSWCCA 128 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49; Greentree v R [2018] NSWCCA 227 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mulato v R [2006] NSWCCA 282 Olbrich v R (1999) 199 CLR 270; [1999] HCA 54 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Zahed (Applicant) The Queen (Respondent) Representation: Counsel: