Ibrahim v R [2019] NSWCCA 188

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ibrahim v R [2019] NSWCCA 188 Hearing dates: 1 April 2019 Date of orders: 15 August 2019 Decision date: 15 August 2019 Before: Bathurst CJ at [1]; Price J at [80]; N Adams J at [81] Decision: (1) Grant the applicant an extension of time for notice of application for leave to appeal up to and including 18 February 2019. (2) Grant the applicant leave to appeal. (3) Appeal allowed. (4) Quash the sentence imposed on the applicant and in lieu thereof sentence the applicant to a term of imprisonment of 8 years and 6 months to commence on 9 December 2014 with a non-parole period of 5 years and 9 months expiring on 8 September 2020 and a balance of term of 2 years and 9 months expiring on 8 June 2023. (5) The earliest date the applicant will be eligible to be released on parole is 8 September 2020. Catchwords: CRIME – Firearms offences – Conspiracy to unlawfully supply pistols or prohibited firearms

SENTENCING – Appeal against sentence – Co-offenders – Discount for plea of guilty – Co-offenders received discount for plea of 15% - Applicant received discount for plea of 10% - Applicant's plea entered shortly after

SENTENCING – Appeal against sentence – Assessment of criminality – Whether findings of fact available on evidence

SENTENCING – Appeal against sentence – Non-parole period – Ratio of the non-parole period and balance of term - Finding of special circumstances – Partial Accumulation of sentence upon previously imposed sentence – Non-parole period marginally less than statutory ratio Legislation Cited: Criminal Code (Cth) Firearms Act 1996 (NSW) Cases Cited: Borg v R [2019] NSWCCA 129 El-Ahmad v R [2015] NSWCCA 65 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 PG v R [2017] NSWCCA 179 R v Fidow [2004] NSWCCA 172 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Sutton [2004] NSWCCA 225 Sabongi v R (2015) 249 A Crim R 167; [2015] NSWCCA 25 Tyler v The Queen (2007) 173 A Crim R 458 Texts Cited: Nil Category: Principal judgment Parties: Hassan Sam Ibrahim (Applicant) The Crown (Respondent) Representation: Counsel: P Lange (Applicant) M Cinque SC (Respondent)