Reported Decision:
156 A Crim R 11
New South Wales
Court of Criminal Appeal
CITATION: R v KADDOUR [2005] NSWCCA 303
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 12 May 2005
JUDGMENT DATE:
2 September 2005JUDGMENT OF: Hulme J at 1; Barr J at 1; Buddin J at 1
DECISION: 1. The appeal against conviction is dismissed; 2. Grant leave to appeal against sentence; 3. Dismiss the appeal against sentence
PARTIES: Regina
Kalid KaddourFILE NUMBER(S): CCA 2002/2502
COUNSEL: Crown: R Cogswell SC/ D Woodburne
Appellant: P Byrne SC/S Odgers SCSOLICITORS: Crown: S Kavanagh
Appellant: Galloways
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 00/11/0622
LOWER COURT JUDICIAL OFFICER: Woods DCJ
2002/2502
Friday, 2 September 2005HULME J
BARR J
BUDDIN J
1 THE COURT: On 5 February 2001 Khalid Kaddour was arraigned on four charges. In summary they were:
- 1. That between 1 January and 25 August 1996 at Brookvale and elsewhere he did knowingly take part in the manufacture of a prohibited drug, namely 3/4 – methyl-dioxemethylene amphetamine in an amount not less than the large commercial quantity for that drug.
- 2. That between 1 January and 25 August 1996 at Brookvale and elsewhere he did knowingly take part in the manufacture of a prohibited drug, namely 3/4 – methyl-dioxemethylene amphetamine in an amount not less than the commercial quantity for that drug.
- 3. That between 2 April and 26 August 1996 he did knowingly harbour Atilla Koller, an escaped prisoner.
- 4. That between 18 May and 26 August 1996 he did maliciously damage unit 4/42-44 Chard Road, Brookvale, the property of two named persons.
2 “3/4 Methyl-dioxemethylene amphetamine” is commonly referred to as MDMA and known as “ecstasy”.
3 So far as the charges against the Appellant are concerned, on 10 April 2001 a jury returned a verdict of not guilty in the case of the first, second and third counts but a verdict of guilty to the fourth count and also a verdict of guilty in respect of the statutory alternative under Section 24(1) of the Drug (Misuse and Trafficking) Act, viz taking part in the manufacture of some quantity of the specified drug.
4 Pursuant to Section 32 of the Act the Appellant’s conviction on the alternative charge rendered him liable to imprisonment for 15 years and a fine of 200 penalty units. His conviction on the fourth count rendered him liable to imprisonment for a maximum of 5 years pursuant to Section 195(a) of the Crimes Act.
5 On 17 May 2002, i.e. more than 12 months after the jury’s verdicts, Judge Woods sentenced the Appellant in respect of his drug conviction to imprisonment for 5½ years including a non-parole period of 3 years and 5 months both such periods to commence on 2 March 2003. In respect of the malicious damage charge, the Appellant was sentenced to imprisonment for 1…
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- AGLC
- R v Kaddour [2005] NSWCCA 303
- Case
- [2005] NSWCCA 303
- Decision Date
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