El Ali v R [2019] NSWCCA 207

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: El Ali v R [2019] NSWCCA 207 Hearing dates: 15 May 2019 Decision date: 30 August 2019 Before: Basten JA at [1]; Simpson AJA at [117]; N Adams J and [118] Decision: (1) To the extent necessary, the appellant should have leave to appeal from his convictions following verdicts of guilty on counts 2 and 3 in the second indictment.

(2) Dismiss the appeal against the convictions.

(3) Grant the appellant leave to appeal against the aggregate sentence imposed for the State offences in the District Court on 17 March 2017.

(4) Dismiss the appeal against the sentence. Catchwords: CRIMINAL LAW – appeal against conviction – importation of firearms in parts – conspiracy to possess pistol – knowingly take part in the sale of a pistol on three or more occasions – directions with respect to the meaning of 'firearm' and 'possession' – whether multiple conspiracies

CRIMINAL LAW – appeal against conviction – whether convictions for possession and sale based on same conduct – conspiracy to possess and possession for purposes of sale differentiated – directions as to the meaning of 'sale' – objection not raised by counsel at trial – prejudice

CRIMINAL LAW – appeal against sentence – appellant sentenced for federal and State offences – whether scope of conspiracy accurately assessed – whether offender's subjective case adequately taken into account – whether manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Criminal Code (Cth), s 11.5 Customs Act 1901 (Cth), s 233BAB Firearms Act 1996 (NSW), ss 4, 7, 8, 36, 43, 50, 50AA, 51, 51A, 51B, 51D, 70; Pts 1, 2, 3, 5, 6 Weapons Prohibition Act 1998 (NSW), s 4, 23B