Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Ahmad v R [2019] NSWCCA 198 Hearing dates: 2 August 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Before: Basten JA at [1];
Wright J at [2];
Wilson J at [3]Decision: 1. Grant leave to appeal.
2. Appeal dismissed.Catchwords: CRIMINAL LAW – sentence – appeal against sentence – Commonwealth drug offences – State drug and fraud offences – whether sentence imposed for a discrete offence was outside the available range – utility of sentencing statistics – whether a custodial sentence was warranted for discrete offence – manifest excess – question of parity with co-offender Legislation Cited: Crimes Act 1900 (NSW), ss 192E, 192G
Crimes Act 1914 (Cth), s 16BA
Criminal Code Act 1995 (Cth), ss 11, 307
Criminal Procedure Act 1986 (NSW), s 166
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 9, 10A, 33
Drug Misuse and Trafficking Act 1985 (NSW), s 10Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Dunn v R [2018] NSWCCA 108
Green v The Queen [2011] HCA 49; 244 CLR 462
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520
R v Fernando (1992) 76 A Crim R 58
R v Henry (1999) 46 NSWLR 346; (1999) 106 A Crim R 149
SS v R [2016] NSWCCA 197
Windle v R [2011] NSWCCA 277Category: Principal judgment Parties: Youssef Ahmad (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
D Barrow for Applicant
R Ranken for Respondent
Adam Houda for Applicant
Office of the Director of Public Prosecutions (Cth) for Respondent
File Number(s): 2016/00177151 Publication restriction: None Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 6 April 2018
- Before:
- King SC DCJ
- File Number(s):
- 2016/00177151
Judgment
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BASTEN JA: I agree with Wilson J.
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WRIGHT J: I agree with Wilson J.
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WILSON J: On 26 April 2017 the applicant pleaded guilty to four offences: two offences against State law; and two contrary to the Commonwealth Criminal Code (“the Code”). He was committed to the District Court for sentence, appearing before King SC DCJ for that purpose on 9 November 2017 (when he adhered to the pleas earlier entered), and 9 February 2018. Sentence was imposed on the applicant, and upon a co-offender, Mohammed El-Khair, on 6 April 2018.
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The State offences are an offence of obtaining a financial advantage, being a sum of $59,458, by deception, contrary to s 192E(1)(b) of the Crimes Act 1900 (NSW) (“the Crimes Act”); and an offence of possessing a prohibited drug (3.8 grams of cocaine) contrary to s 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW) (the “DMTA”). The latter, being a summary offence, was before the District Court pursuant to s 166 of the Criminal Procedure Act 1986 (NSW). When sentence was imposed for the…
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- AGLC
- Ahmad v The Queen [2019] NSWCCA 198
- Case
- [2019] NSWCCA 198
- Decision Date
CaseChat Overview and Summary
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