Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Aljubouri v R [2023] NSWCCA 29 Hearing dates: 28 November 2022 Date of orders: 28 November 2022 Decision date: 22 February 2023 Before: Beech-Jones CJ at CL at [1]
Walton J at [2]
Yehia J at [63]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
(3) Reasons for judgment is reserved.
Catchwords: CRIMINAL LAW – appeals - appeal against sentence – manufacture a large commercial quantity of prohibited drug contrary to s 24(2) of the Drug Misuse and Trafficking Act 1985 (NSW) – two grounds of appeal – appeal predicated upon the principles of parity – no error established – leave to appeal granted – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW)
Criminal Appeals Act 1912 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW), s 24(2)
Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
House v The King (1936) 55 CLR 499; [1936] HCA 40
Category: Principal judgment Parties: Mohammed Aljubouri (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
A Francis (Applicant)
E Wilkins SC (Respondent)
Hanna Legal (Applicant)
Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s): 2019/00106247 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 17 September 2021
- Before:
- Whitford SC DCJ
- File Number(s):
- 2019/106247; 2019/106348; 2019/304413; 2019/106518; 2019/106437
HEADNOTE
[This headnote is not to be read as part of the judgment]
Mohammed Aljubouri (the applicant) pleaded guilty to a single count that between 4 March 2019 and 5 April 2019 he manufactured an amount of a prohibited drug, namely, 5,820 grams of methylamphetamine, which was no less than a large commercial quantity applicable to that prohibited drug, contrary to s 24(2) of the Drug Misuse and Trafficking Act 1985 (NSW). On 17 September 2021, Whitford SC DCJ sentenced the applicant to imprisonment for 7 years and 6 months’ imprisonment, with a non-parole period of 4 years. By way of a Form 1, the sentence took into account the offence of knowingly dealing with the proceeds of crime contrary to s 193B(2) of the Crimes Act 1900 (NSW).
The facts of the offending can be briefly summarised as follows. The applicant and four co-offenders each played different roles in an operation for the manufacture of methylamphetamine. The applicant was responsible for leasing storage units used to store the waste products of the manufacture, which he visited on occasion, and for transporting a substantial sum of cash related to the drug manufacture. The applicant occasionally attended the unit where the cook occurred and knew that a quantity of methylamphetamine considerably over 500 grams was being manufactured.
The applicant sought leave to appeal from his sentence pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) on two grounds. First, that the sentencing…
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- AGLC
- Aljubouri v The King [2023] NSWCCA 29
- Case
- [2023] NSWCCA 29
- Decision Date
CaseChat Overview and Summary
In examining the appeal, the Court of Appeal assessed whether the trial judge had appropriately considered all relevant factors and whether the sentence imposed was commensurate with those in similar cases. The Court noted that the appellant's sentence was within the statutory maximum and that the trial judge had considered various mitigating and aggravating factors. The Court held that the trial judge had appropriately exercised judicial discretion and that no error in the application of the principle of parity had been demonstrated by the appellant. The Court further noted that the appellant had not established that his sentence was disproportionate when compared to similar cases.
The Court of Appeal concluded that the appeal did not succeed and dismissed the appeal. The Court found that there was no basis to interfere with the sentence imposed by the trial judge. The Court granted leave to appeal but ultimately dismissed it due to the lack of any established error in the trial judge’s sentencing process. Consequently, the original sentence imposed by the Supreme Court remained in place.
Orders
Orders of the court
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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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