Taha v R [2019] NSWCCA 240

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Taha v R [2019] NSWCCA 240 Hearing dates: 1 July 2019 Decision date: 11 October 2019 Before: Payne JA at [1] Button J at [3] Lonergan J at [116] Decision: (1) Leave to appeal granted.

(2) Appeal allowed.

(3) The aggregate sentence imposed by Judge Colefax SC on Mohammed Taha on 16 March 2018 is quashed, and instead the following aggregate sentence is imposed.

(4) Mohammed Taha is sentenced to an aggregate head sentence of imprisonment for 7 years 6 months commencing on 30 April 2017 and expiring on 29 October 2024, with an aggregate non-parole period of 4 years 10 months, expiring on 28 February 2022.

(5) The first date upon which it appears that the applicant is eligible for possible release to parole is 28 February 2022. Catchwords: CRIME – APPEALS – appeal against sentence –firearm offences contrary to s 93G(1)(a)(i) of the Crimes Act 1900 (NSW) and s 7(1) of the Firearms Act 1996 (NSW) – drug supply contrary to s 25 of the Drug Misuse and Trafficking Act 1985 (NSW) – whether error in assessment of culpability with regard to firearm offences – whether error in assessment of objective gravity of drug offence – whether sentence manifestly excessive – discussion of particularisation of firearm offence on Court Attendance Notice – discussion of period of possession of firearm – consideration of double punishment and imposition of identical wholly concurrent sentences for the firearm offences – consideration of indicative sentence for the drug offence – aggregate head sentence manifestly excessive – resentence Legislation Cited: Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Cases Cited: Einfield v R (2010) 200 A Crim R 1; [2010] NSWCCA 87 Georgopolous v The Queen [2010] NSWCCA 246 Island Maritime Limited v Filipowski 226 CLR 328; [2006] HCA 30 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 R v Becker [2019] NSWSC 1205 R v Jacobs (No 9) [2013] NSWSC 1470 R v Kearnes (No 2) [2013] NSWSC 1652 Category: Principal judgment Parties: Mohammed Taha (Applicant) Regina (Respondent) Representation: Counsel: T Game SC and R Khalilizadeh (Applicant) B K Baker (Respondent)