R v Kazzi

Case [2008] NSWCCA 77


New South Wales
Court of Criminal Appeal

CITATION: R v Kazzi [2008] NSWCCA 77
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 28 March 2008
 
JUDGMENT DATE: 

21 April 2008
JUDGMENT OF: Mason P at [1]; James J at [2]; Hoeben J at [69]
DECISION: Crown appeal allowed.
Respondent re-sentenced.
CATCHWORDS: CRIMINAL LAW — Crown appeal against sentence — drug offences — manifestly inadequate sentences
LEGISLATION CITED: Crimes (Sentencing Procedure) Act
Criminal Appeal Act
Drug Misuse and Trafficking Act
CASES CITED: Markarian v R (2005) 79 ALJR 1048
Pearce v The Queen (1998) 194 CLR 610
R v Wall (2002) NSWCCA 42
R v Way (2004) 60 NSWLR 168
PARTIES: R v John Kazzi
FILE NUMBER(S): CCA 2007/5250
COUNSEL: LK Wells (Crown)
DG Dalton SC (Respondent)
SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions
S O'Connor - Legal Aid Commission
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0624
LOWER COURT JUDICIAL OFFICER: Williams DCJ
LOWER COURT DATE OF DECISION: 19 October 2007




                          2007/5250

                          MASON P
                          JAMES J
                          HOEBEN J

                          MONDAY 21 APRIL 2008
R v KAZZI, John
Judgment

1 MASON P: I agree with James J.

2 JAMES J: The Crown appealed pursuant to s 5D of the Criminal Appeal Act against sentences imposed on the respondent John Kazzi in the District Court on 19 October 2007 by his Honour Judge Williams for offences to which the respondent had pleaded guilty.

3 The offences for which the respondent was sentenced and the sentences which were imposed were as follows:-

      Description of offence
      Sentence
      1 Supply prohibited drug — cocaine — 196 gms Fixed term of imprisonment of 18 months to date from 23 February 2006
      2 Supply commercial quantity of prohibited drug — methylamphetamine 338 gms Head sentence 5 years non-parole period 3 years to date from 23 February 2007
      3 Supply prohibited drug — cocaine — 196 gms Fixed term of imprisonment of 18 months to date from 23 February 2006
      4 Supply large commercial quantity of prohibited drug — cocaine — 2 kgs Head sentence 6 years non-parole period 4 years to date from 23 February 2008
      5 Supply large commercial quantity of prohibited drug — methylamphetamine 2.892 kgs Head sentence 6 years non-parole period 4 years to date from 23 February 2008
      6 Supply prohibited drug — cocaine — 139.7 gms Fixed term of imprisonment of 18 months to date from 23 February 2006
      7 Supply commercial quantity of prohibited drug — cocaine — 990 gms Head sentence 5 years non-parole period 3 years to date from 23 February 2007

4 The general effect of the sentences can be summarised as follows:-


      For three offences of supplying a prohibited drug (offences 1, 3 and 6) the respondent was sentenced to fully concurrent fixed terms of imprisonment of 18 months commencing on 23 February 2006.

      For two offences of supplying not less than a commercial quantity of a prohibited drug (offences 2…

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R v Kazzi [2008] NSWCCA 77
Case
[2008] NSWCCA 77
Decision Date

CaseChat Overview and Summary

In the case of R v Kazzi, the appellant was convicted of multiple drug-related offences. The appellant, Kazzi, was convicted of drug trafficking, possession, and supply charges. The appeal before the court was initiated by the Crown, seeking to challenge the sentences imposed by the lower court as manifestly inadequate. The appeal was heard by the Full Court of the Supreme Court of Victoria.

The central legal issue before the court was whether the sentences imposed by the trial judge were manifestly inadequate, considering the gravity of the offences. The Crown argued that the sentences did not reflect the seriousness of the drug-related crimes committed by the appellant. The appellant, on the other hand, contended that the sentences were appropriate given the mitigating factors presented during the sentencing hearing.

The court examined the principles governing the imposition of sentences, particularly in relation to drug offences. It emphasised the importance of deterrence and the need to ensure that sentences reflect the gravity of the crimes committed. The court noted that while the trial judge had considered various mitigating factors, the overall impact and seriousness of the offences warranted a harsher sentence. The Full Court found that the sentences imposed were indeed manifestly inadequate and proceeded to impose new sentences that more accurately reflected the seriousness of the offences. The court's decision underscores the need for appropriate sentencing in drug-related cases to effectively address public safety and deterrence concerns.

The court ordered that the appellant be re-sentenced. The new sentences imposed by the Full Court were more reflective of the gravity of the drug offences, ensuring that the punishment aligned with the legal principles of deterrence and proportionality.

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