Labban v The The King

Case [2022] NSWCCA 275


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
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Medium Neutral Citation: Labban v R [2022] NSWCCA 275
Hearing dates: 5 August 2022
Date of orders: 15 December 2022
Decision date: 15 December 2022
Before: Bell CJ at [1];
Mitchelmore JA at [2];
Hamill J at [40].
Decision:

(1) Grant leave to appeal.

(2) Dismiss the appeal.

Catchwords:

CRIME – appeals – appeal against sentence – parity – two offences of supply commercial quantity of prohibited drug, cocaine and methylamphetamine, contrary to Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) – three offences on Form 1 – where sentencing judge did not refer to principles of parity in remarks on sentence – whether applicant’s case differentiated from co-offenders – whether applicant able to understand how case was differentiated

CRIME – appeals – appeal against sentence – totality – two offences of supply commercial quantity of prohibited drug, cocaine and methylamphetamine, contrary to Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) – three offences on Form 1 – where sentencing judge did not refer to submissions on accumulation and concurrency, nor totality – whether degree of accumulation settled upon open in the exercise of sentencing discretion

Legislation Cited:

Crimes Act 1900 (NSW), s 193B(2)

Crimes (Sentencing Procedure) Act 1999 (NSW), s 32

Drug Misuse and Trafficking Act 1985 (NSW), ss 25(1) and (2), s 25A(1), 29

Weapons Prohibition Act 1998 (NSW), s 7(1)

Cases Cited:

Cahyadi v R (2007) 168 A Crim R 41

Chamon v R [2020] NSWCCA 112

Franklin v R [2013] NSWCCA 122

Hall v R [2021] NSWCCA 220

Huckstadt v R [2016] NSWCCA 22

Jackson v R [2022] NSWCCA 148

JT v R [2012] NSWCCA 133

Miles v R [2017] NSWCCA 266

Category:Principal judgment
Parties: Paul Labban (Applicant)
Crown (Respondent)
Representation:

Counsel:
R Rodger and C Brain (Applicant)
S Traynor (Respondent)

Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2018/389775
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Citation:

N/A

Date of Decision:
19 February 2021
Before:
Colefax SC DCJ
File Number(s):
2018/389775

HEADNOTE

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

The applicant, Paul Labban, sought leave to appeal against the sentence of imprisonment imposed by Colefax SC DCJ sitting in the District Court at Campbelltown on 19 February 2021, following his pleas of guilty to two offences of supply commercial quantity of a prohibited drug contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) (“DMT Act”), namely, 366.14 grams of cocaine (Count 1) and 284.89 grams of methylamphetamine (Count 2). The sentencing judge took three further offences into account on a Form 1 attaching to Count 1, pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999 (NSW), namely: resist officer in the execution of duty, possess prohibited drug, and supply prohibited drug (deemed).

The offending conduct involved the applicant supplying the drugs…

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AGLC
Labban v The The King [2022] NSWCCA 275
Case
[2022] NSWCCA 275
Decision Date

CaseChat Overview and Summary

Labban v The King involved the appellant, Labban, appealing against his sentence for two offences of supplying commercial quantities of cocaine and methylamphetamine. Labban was charged under section 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). The sentencing judge did not consider the principles of parity or totality in delivering the sentence. Labban argued that his case was not differentiated from his co-offenders, nor could he understand how it was differentiated. Additionally, he claimed that the judge did not consider the submissions on accumulation and concurrency or the principle of totality in sentencing.

The primary legal issues the court needed to address were whether Labban's case was differentiated from his co-offenders and whether the sentencing judge's failure to refer to the principles of parity and totality was an error warranting an appeal. The court considered whether these omissions by the sentencing judge were significant enough to undermine the fairness and appropriateness of the sentence imposed. The appeal hinged on the proper application of sentencing principles, particularly in relation to parity and totality.

In reaching its decision, the court examined the sentencing remarks and the submissions made during sentencing. It held that the sentencing judge did not err by not referring to the principles of parity and totality. The court found that Labban's case was indeed differentiated from his co-offenders, justifying a different sentence. Furthermore, the court held that the absence of explicit reference to parity and totality did not render the sentence unjust or inappropriate. The court concluded that the sentencing judge exercised their discretion appropriately, taking into account all relevant factors.

The appeal was dismissed. The court affirmed the sentence imposed by the original sentencing judge, finding no basis to alter it based on the grounds raised in the appeal.

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