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R v Shlimon

R v Shlimon

Case [2025] NSWLC 2 13 January 2025

Subsequent Offences

Driving While Disqualified

Driving Under the Influence

Possession of Prohibited Weapons

Weapons Prohibition Orders

Sentencing

Criminal Law

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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

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

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

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

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

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

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

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

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Shlimon

Details

AGLC: R v Shlimon [2025] NSWLC 2
Case: [2025] NSWLC 2
Decision Date: 13 January 2025

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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Citations

AGLC Citation

R v Shlimon [2025] NSWLC 2

Cases citing this decision · 0 of 0 shown

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Cases cited in this decision · 20 of 20 shown

R v Perrin
[2022] NSWCCA 170 Para 81

…ection 58 of the Crimes (Sentencing Procedure) Act as the defendant’s earlier sentence has expired prior to him now being sentenced: see R v Perrin [2022] NSWCCA 170 at [81].…
Park v The Queen
[2021] HCA 37 Para 6

…I am required to assess the appropriate sentence having regard to the prescribed maximum penalty for the offence: see Park v The Queen [2021] HCA 37 at [19]; Greaves v R [2020] NSWCCA 140 at [66] and Markarian v The Queen (2005) 79 ALJR 1048 at [31].…
Byrne v R; Cahill v R
[2021] NSWCCA 185 Para 43

…In Byrne v R; Cahill v R [2021] NSWCCA 185 at [115], Rothman J. (with Bell P. now the Chief Justice, and Button J. agreeing) said:…
Greaves v R
[2020] NSWCCA 140 Para 6

…ess the appropriate sentence having regard to the prescribed maximum penalty for the offence: see Park v The Queen [2021] HCA 37 at [19]; Greaves v R [2020] NSWCCA 140 at [66] and Markarian v The Queen (2005) 79 ALJR 1048 at [31].…
Jibran v R
[2020] NSWCCA 86 Para 53

…One of the leading cases highlighting some sentencing principles for the offence of driving whilst disqualified is Jibran v R [2020] NSWCCA 86. Johnson J. said at para. [189]:…
Osman v R
[2020] NSWCCA 78 Para 82

…I must take into account the prior sentences together with the new sentence to be imposed to give effect to the principle of totality: see Osman v R [2020] NSWCCA 78 at 53..…
R v Campbell; R v Smith
[2019] NSWCCA 1 Para 60

…In R v Campbell; R v Smith [2019] NSWCCA 1 at [9], Rothman J. when sentencing for firearms offences also made comment in relation to weapons generally, and said:…
Westaway v The Queen
[2016] NSWCCA 281 Para 75

…ossession, thus justifying some concurrency in sentences, they reflect additional criminality that warrant a degree of accumulation: see Westaway v R [2016] NSWCCA 281 at [21] per Macfarlan JA. The degree of accumulation between the possession of the weapons and possession in contravention of a prohibition order is…
R v Baden-Clay
[2016] HCA 35 Para 62

…sion of both prohibited weapons for the purpose of other criminal activity. I draw that inference in accordance with the principles in R v Baden-Clay [2016] HCA 35 at 46 and 47.…
Bugmy v The Queen
[2013] HCA 37 Para 42

…l circumstances in relation to his drug addiction issues, grief issues and make a finding relation to Bugmy issues – referring to Bugmy v The Queen [2013] HCA 37.…
Felton v The Queen
[2010] NSWCCA 79 Para 48

…In relation to each of the driving whilst disqualified matters, I note what was said in Felton v R [2010] NSWCCA 79 by Howie J at [28]:…
R v Robert Borkowski
[2009] NSWCCA 102 Para 5

…In accordance with the principles enunciated in R v Borkowski [2009] NSWCCA 102 at [32], I allow a discount of 15% for the delayed guilty pleas. A discount of 25% will be applied to the remaining counts.…
P v Te Pairi
[2008] NSWLC 17 Para 53

…District Court (and this Court) by way of a s.166 Certificate. It is helpful to note what was said by his Honour Judge Henson in Police v Te Pairi [2008] NSWLC 17 at [53]: “The second sequence of driving whilst disqualified … also warrants the imposition of a term of imprisonment. The principles of general and sp…
R v Merrin
[2007] NSWCCA 255 Para 76

…have had regard to the relevant principles in relation to totality and partial accumulation set out in Cahyadi v R [2007] NSWCCA 1 and in R v Merrin [2007] NSWCCA 255.…
Cahyadi v R
[2007] NSWCCA 1 Para 76

…I have had regard to the relevant principles in relation to totality and partial accumulation set out in Cahyadi v R [2007] NSWCCA 1 and in R v Merrin [2007] NSWCCA 255.…
R v McNaughton
[2006] NSWCCA 242 Para 72

…guilty plea. Each sentence reflects the common law principle of proportionality as referred to by Spigelman CJ in R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 at [15]:…
R v Whyte
[2006] NSWCCA 75 Para 156

…48 at 354.) In a line of cases, commencing with R v Dodd (1991) 57 A Crim R 349 at 354, referred to and affirmed by a five judge bench in R v Whyte (2002) 55 NSWLR 252 at [156]–[158], the proportionality principle is also held to apply so that a sentence should not be less than the objective gravity of the offence req…
Markarian v The Queen
[2005] HCA 25 Para 6

…escribed maximum penalty for the offence: see Park v The Queen [2021] HCA 37 at [19]; Greaves v R [2020] NSWCCA 140 at [66] and Markarian v The Queen (2005) 79 ALJR 1048 at [31].…
Hoare v The Queen
[1989] HCA 33

…t a sentence should not exceed what is proportionate to the gravity of the crime, having regard to the objective circumstances. ( Hoare v The Queen (1989) 167 CLR 348 at 354.) In a line of cases, commencing with R v Dodd (1991) 57 A Crim R 349 at 354, referred to and affirmed by a five judge bench in R v Whyte (2002)…
McBride v the Queen
[1966] HCA 22

…lton 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 Perr…

Legislation cited in this decision · 6

Road Transport Act 2013 (NSW)
112, 205, 206A, 4, 54, 9 7 mentions (from Para 2)
Crimes Act 1900 (ACT)
33B, 51B 3 mentions (from Para 1)
Drug Court Act 1998 (NSW)
18B, 5a 3 mentions (from Para 85)
Weapons Prohibition Act 1998 (NSW)
34(1), 7 3 mentions (from Para 5)
Drug Misuse and Trafficking Act 1985 (NSW)
10 2 mentions (from Para 7)
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention

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