R v Shlimon

Case [2025] NSWLC 2


Local Court


New South Wales

Medium Neutral Citation: R v Shlimon [2025] NSWLC 2
Hearing dates: 9 January 2025
Date of orders: 13 January 2025
Decision date: 13 January 2025
Jurisdiction:Criminal
Before: Stewart LCM
Decision:

Imprisonment 5 years NPP 3 years 1 month

Disqualification 5 years extended by time in prison

Catchwords:

Police pursuit subsequent offence – 3rd pursuit in 4 years – driving disqualified – subsequent offence – drive under the influence of drug subsequent offence – defendant only ever held learner licence – use offensive weapon to avoid lawful detention – objective seriousness – special circumstances – submission re low objective seriousness of disqualified driving rejected – possession of taser and extendable baton contrary to Weapons Prohibition Orders – totality – eligible drug defendant referral

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 Act s.3A, 5, 10A, 21A, 44(2B), 53A, 58

Crimes Act 1900 s.33B, 51B

Drug Court Act 1998 s.5a, 18B

Drug Misuse and Trafficking Act 1985 s.10

Road Transport (Vehicle Registration) Regulation of 2017 reg.129

Road Transport Act 2013 s.4, 9, 54, 112, 205, 206A

Weapons Prohibition Act 1998 s.7, 34(1)

Cases Cited:

Bugmy v The Queen [2013] HCA 37

Byrne v R; Cahill v R [2021] NSWCCA 185

Cahyadi v R [2007] NSWCCA 1

Felton v R [2010] NSWCCA 79

Greaves v R [2020] NSWCCA 140

Jibran v R [2020] NSWCCA 86

Markarian v The Queen (2005) 79 ALJR 1048

McBride v The Queen (1966) 115 CLR 42

Osman v R [2020] NSWCCA 78

Park v The Queen [2021] HCA 37

R v Borkowski [2009] NSWCCA 102

R v McNaughton (2006) 66 NSWLR 566

R v Merrin [2007] NSWCCA 255

R v Perrin [2022] NSWCCA 170

Westaway v R [2016] NSWCCA 281

Texts Cited:

NSW Police Annual Report 2019-2020 re Police Pursuits page 107

NSW Police Annual Report 2020-2021 re Police Pursuits at page 101

NSW Police Annual Report 2021-2022 re Police Pursuits at page 106

NSW Police Annual Report 2022-2023 re Police Pursuits at page 110

NSW Police Annual Report 2023-2024 re Police Pursuits at page 135

Category:Sentence
Parties: NSW Police Force (prosecution) and
Anthony Shlimon (defendant)
Representation:

Sergeant Misikos, Police Prosecutor

Solicitor: A Robinson, Legal Aid Commission
File Number(s): 2024/220482, 2024/269570, 2024/291759
Publication restriction: NIL

REMARKS ON SENTENCE

The Charges and the Pleas

  1. The defendant Anthony Shlimon pleaded guilty to the following offences [H98516608]:

  1. Police Pursuit – not stop – drive in a manner dangerous – subsequent offence – contrary to section 52B(1) of the Crimes Act of 1900;

  2. Drive Under the Influence of Drugs (second or subsequent offence) contrary to section 112(1)(a) of the Road Transport Act of 2013;

  3. Drive whilst Disqualified – second or subsequent offence contrary to section 54(1)(a) of the Road Transport Act;

  4. Use Offensive Weapon to Prevent Lawful Detention contrary to section 33B(1) of the Crimes Act;

  5. Possess Prohibited Weapon contrary to section 7 of the Weapons Prohibition Act of 1998 (2 counts);

  6. Possess Prohibited Weapon contrary to Prohibition Order, contrary to section…

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Details
AGLC
R v Shlimon [2025] NSWLC 2
Case
[2025] NSWLC 2
Decision Date

CaseChat Overview and Summary

In the case of R v Shlimon, the defendant was involved in a series of incidents that culminated in his arrest and subsequent prosecution. The defendant was engaged in a pursuit by police, which was the third such incident within four years. He was driving while disqualified and under the influence of drugs, despite only ever having held a learner's licence. He further resisted lawful detention by using an offensive weapon, namely a taser and an extendable baton. The court was tasked with determining the appropriate sentence for these multiple and serious offences, as well as considering the totality of the defendant's criminal history.

The primary legal issues before the court involved assessing the objective seriousness of the defendant's actions and whether any special circumstances warranted a particular outcome. The court rejected the submission that the objective seriousness of the disqualified driving was low, given the frequency of such incidents and the defendant's disregard for the law. Additionally, the court considered the defendant's possession of a taser and extendable baton, which were in contravention of Weapons Prohibition Orders, as part of the totality of his criminal conduct. The court had to weigh these factors in determining an appropriate sentence and additional disqualification period.

The court concluded that the defendant's repeated disregard for driving laws, combined with his use of offensive weapons and the totality of his criminal history, warranted a significant custodial sentence. The court sentenced the defendant to a term of imprisonment of five years with a non-parole period of three years and one month. Additionally, the court imposed a disqualification period of five years, extended by the time the defendant would spend in prison. This sentence reflects the court's consideration of the seriousness of the offences and the need to protect the public from the defendant's criminal behaviour.

Orders

Orders of the court

Imprisonment 5 years NPP 3 years 1 month

Disqualification 5 years extended by time in prison

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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