Quzag v The Queen (No 4)

The appeal concerned Mohanad Quzag (the appellant) and The Queen, heard by the Court of Appeal of the Supreme Court of the Australian Capital Territory. The dispute arose from an appeal against the sentence imposed on the appellant for cultivating a trafficable quantity of cannabis.

The Court of Appeal was required to determine whether the original sentence was a manifest excess, considering comparable cases and the appellant's subjective circumstances. It also had to consider the principle of parity in relation to co-offenders whose roles differed, and whether the original sentence was contrary to law, specifically in relation to the combination of full-time custody and periodic detention. The Court was effectively undertaking a re-sentencing exercise.

The Court reasoned that the original sentence involved a manifest excess, particularly when compared to sentences imposed in comparable cases and considering the appellant's differing role from his co-offenders. The Court found the imposition of a combination sentence of full-time custody and periodic detention to be contrary to law, as periodic detention was considered more lenient than full-time custody. Consequently, the Court allowed the appeal, set aside the original sentence, and imposed a new sentence of 22 months imprisonment, reduced to 20 months for the guilty plea, commencing on 28 September 2015. This sentence was subsequently suspended on 27 May 2016, with the appellant required to enter into a good behaviour undertaking for two years, including a probation condition of supervision.