Local Court
New South Wales
Medium Neutral Citation: Police v Tabbaa (No.2) [2022] NSWLC 22 Hearing dates: 6 December 2022, 15 December 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Criminal Before: Stewart LCM Decision: Imprisonment 3 years NPP 2 years
Catchwords: Two loaded pistols in a public place - traversal of guilty pleas following Court’s refusal to accept inappropriate Form 1 – withdrawal of previously substantive charges – guilty pleas to certain charges on earlier version of Form 1 – further Form 1 prepared – retribution and personal deterrence – general deterrence – protection of community – supervisory role accorded by s 33(2)(b) Crimes (Sentencing Procedure) Act - jurisdictional limit – partial accumulation – sentence to reflect seriousness of totality of conduct – objects and principles of Firearms legislation – only full-time custody appropriate
Legislation Cited: Crimes Act1900 (NSW) s 93G
Crimes (Sentencing Procedure) Act1999 (NSW) ss 3A, 5, 21A, 24, 33, 47, 53A
Criminal Procedure Act 1986 (NSW)
Firearms Act1996 (NSW) ss 7, 39, 65
Cases Cited: Attorney General’s Application under s. 37 of the Crimes (Sentencing Procedure) Act 1999, No. 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
Bresnahan v R [2022] NSWCCA 288
Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41
C-P v R [2009] NSWCCA 291; (2009) 213 A Crim R 26
Fangaloka v The Queen [2020] HCASL 12
Hardman v Minehan (2003) 57 NSWLR 390; [2003] NSWCA 130
Imbornone v R [2017] NSWCCA 144
Karout v The Queen [2020] HCASL 56
Luu v The Queen [2008] NSWCCA 285
Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17
Park v The Queen (2021) 273 CLR 303; [2021] HCA 37
Police v Tabbaa [2022] NSWLC 21
Quinn v Director of Public Prosecutions (Cwlth) (2021) 106 NSWLR 154; [2021] NSWCA 294
R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1
R v Campbell; R v Smith [2019] NSWCCA 1
R v Fangaloka [2019] NSWCCA 173
R v Lachlan [2015] NSWCCA 178; (2015) 252 A Crim R 277
R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
Stanley v Director of Public Prosecutions (NSW) & Anor [2022] HCATrans 202
The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35
Category: Sentence Parties: NSW Police Force (prosecution) and
Mohammad Tabbaa (defendant)Representation: Sergeant G Lolis, Police Prosecutor
Solicitors: Mr V Vijay
File Number(s): 2022/52588 Publication restriction: NIL
remarks on sentence
The Charges and the Pleas
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The offender was arrested and charged by police on 22 February 2022 with the following offences (H89100788):
Possess Unauthorised Pistol contrary to section 7(1) Firearms Act 1996 (NSW) – 2 counts
Possess Loaded Firearm in a Public Place…
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- AGLC
- Police v Tabbaa (No.2) [2022] NSWLC 22
- Case
- [2022] NSWLC 22
- Decision Date
CaseChat Overview and Summary
The court held that the seriousness of the respondent's conduct warranted a sentence that appropriately reflected the totality of his actions. It considered the principles of retribution, personal and general deterrence, and the protection of the community. The court also noted its supervisory role under section 33(2)(b) of the Crimes (Sentencing Procedure) Act and the objects and principles of firearms legislation. The court concluded that full-time custody was the only appropriate sentence given the nature of the offence and the respondent's criminal history.
The court imposed a sentence of imprisonment for three years with a non-parole period of two years, ensuring that the sentence was proportionate to the seriousness of the respondent's conduct and aligned with the objectives of the relevant legislation. The court's decision balanced the need for retribution and deterrence with the protection of the community, ultimately reflecting the gravity of the offence.
Orders
Orders of the court
Imprisonment 3 years NPP 2 years
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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