Taybah v R [2024] NSWCCA 182

Taybah v R [2024] NSWCCA 182

The sentencing judge did not fail to have regard to relevant matters in evaluating objective seriousness, including submissions about the applicant's role and motivation. There was no evidence the applicant withdrew from the arrangement, nor that his possession was highly reluctant. The findings regarding his role...

Source-derived case information.

Parties
Applicant: Hassan Taybah; Respondent: Crown
Jurisdiction
Australia
Judgment Date
16 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed; extension of time and leave to appeal granted
Legal Topics
Appeal Against Sentence, Objective Seriousness, Supplying Prohibited Drugs, Proceeds of Crime
Criminal Law Appeal Against Sentence Objective Seriousness Supplying Prohibited Drugs Proceeds of Crime

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Parties

Hassan Taybah

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to have regard to critical matters in evaluating objective seriousness
  2. 2 Whether applicant had withdrawn from the arrangement to possess/store drugs and money
  3. 3 Whether applicant's possession of drugs and money was 'highly reluctant'

Ratio Decidendi

The sentencing judge did not fail to have regard to relevant matters in evaluating objective seriousness, including submissions about the applicant's role and motivation. There was no evidence the applicant withdrew from the arrangement, nor that his possession was highly reluctant. The findings regarding his role and culpability were open on the evidence, and no error was demonstrated.

Court Disposition

Appeal dismissed; extension of time and leave to appeal granted

Orders

  • Extend time for filing the present application to 1 July 2024.
  • Grant leave to appeal.