Ibrahim v The Queen

Case [2019] NSWCCA 188


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
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)

  Solicitors:
Hanna Legal (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2014/97928
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Common Law
Citation:
Nil
Date of Decision:
16 February 2018
Before:
Judge Blackmore SC
File Number(s):
2014/97928

HEADNOTE

[This headnote is not to be read as part of the judgment]

Hassan (Sam) Ibrahim (the applicant) pleaded guilty to a charge of conspiring to unlawfully supply pistols or prohibited firearms contrary to the common law. Following the applicant’s guilty plea, the applicant was sentenced to a term of imprisonment of 9 years with a non-parole period of 6 years and…

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AGLC
Ibrahim v The Queen [2019] NSWCCA 188
Case
[2019] NSWCCA 188
Decision Date

CaseChat Overview and Summary

The applicant in this case appealed against his sentence for conspiracy to unlawfully supply pistols or prohibited firearms. The appeal was heard by the High Court of Australia, where the applicant argued that his sentence was excessive. The applicant had pleaded guilty to the charges and was sentenced to 15 years imprisonment, with a non-parole period of 11 years and 4 months. The applicant argued that the non-parole period was excessive as it was marginally less than the statutory ratio of one-third of the total sentence. The applicant also argued that the sentencing judge had failed to take into account his early guilty plea and had not properly assessed his criminality.

The legal issues that the court had to decide were whether the findings of fact available on the evidence and whether the sentence imposed was excessive. The court had to consider whether the applicant's early guilty plea should have resulted in a greater discount on his sentence than the co-offenders who had also pleaded guilty. The court also had to consider whether the sentencing judge had properly assessed the applicant's criminality and whether the non-parole period was appropriate.

The court found that the findings of fact were available on the evidence and that the sentencing judge had properly assessed the applicant's criminality. The court found that the applicant's plea of guilty was entered shortly after his co-offenders and that the discount for the plea was appropriately reflected in the sentence. The court also found that the non-parole period was appropriate and that the ratio of the non-parole period and the balance of the term was not excessive. The court held that the applicant's appeal against sentence was dismissed.

The court held that the sentence imposed was appropriate and that the applicant's appeal against sentence was dismissed. The court held that the findings of fact were available on the evidence and that the sentencing judge had properly assessed the applicant's criminality. The court also held that the discount for the applicant's plea of guilty was appropriately reflected in the sentence and that the non-parole period was appropriate.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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