NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: R v Kairouz [2005] NSWCCA 247
FILE NUMBER(S):
2005/282
2005/283
HEARING DATE(S): 4 July 2005
JUDGMENT DATE: 22/07/2005
PARTIES:
Regina
Charbel Kairouz
John Kairouz
JUDGMENT OF: Wood CJ at CL Grove J Rothman J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/1136
LOWER COURT JUDICIAL OFFICER: Phegan DCJ
COUNSEL:
D Frearson SC (Crown)
C Stern SC (Charbel Kairouz)
G Jones (John Kairouz)
SOLICITORS:
S. Kavanagh (Crown)
K C Lawyers
CATCHWORDS:
CRIMINAL LAW - whether sentencing judge erred in finding the Applicant was in a position of influence over his brothers - whether educational attainments of Applicant taken into account by sentencing judge as an aggravating factor - whether sentences manifestly excessive - parity - maximum sentence for offence - legitimate sentencing range - whether sufficient weight given to subjective features of Applicant before and after the offence.
LEGISLATION CITED:
Crimes (Sentencing Procedure) Act 1999- s 21A(1), 44(2)
Criminal Appeal Act 1912- s 6(1)
Drug Misuse and Trafficking Act 1985 - s 25A(1), 25(1), 32(1)(g)
DECISION:
Charbel Kairouz - 1. Leave to appeal granted; 2. Appeal dismissed. John Kairouz - 1. Leave to appeal granted; 2. Appeal dismissed.
JUDGMENT:
- 3 -
IN THE COURT OF
CRIMINAL APPEAL
2005/282
2005/283WOOD CJ at CL
GROVE J
ROTHMAN JFriday 22 July 2005
Regina v John KAIROUZ
Regina v Charbel KAIROUZ
Judgment
WOOD CJ at CL: The Applicants Charbel Kairouz and John Kairouz each seek leave to appeal against the sentences which were imposed by his Honour Judge Phegan at the Sydney District Court on 27 August 2004 following their pleas of guilty to three drug offences. The offences and sentences imposed were as follows:
Count 1Ongoing supply of prohibited drug, Methylamphetamine between 24 March 2002 and 25 April 2002: s 25A(1) Drug Misuse and Trafficking Act 1985 (NSW);
Charbel Kairouz: Imprisonment for 6 years and 6 months from 13 September 2002 with a non-parole period of 4 years and 4 months;
John Kairouz: Imprisonment for 6 years from 20 August 2002 with a non-parole period of 4 years.
Count 2:Supply prohibited drug, methylamphetamine between 25 April 2002 and 20 August 2002: ss 25(1) and 32(1)(g) Drug Misuse and Trafficking Act 1985 (NSW)
Charbel Kairouz: Imprisonment for 6 years and 6 months with a non-parole period of 4 years and 4 months to be served wholly concurrently with the sentence imposed for Count 1;
John Kairouz: Imprisonment for 6 years from 20 August 2002 with a non-parole period of 4 years, to be served wholly concurrently with the sentence imposed for Count 1.
Count 3Supply prohibited drug cannabis between 14 February 2002 and 20 August 2002: ss 25(1) and 32(1)(h) Drug Misuse and Trafficking Act 1985 (NSW)
Charbel Kairouz: Imprisonment for a fixed term of 3 years from 13 September 2002 to be served wholly concurrently with the sentences for Counts 1 and 2;
John Kairouz: Imprisonment for a fixed term of 3 years to commence…
Continue reading R v Swan
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- AGLC
- R v Swan [2005] NSWCCA 252
- Case
- [2005] NSWCCA 252
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentencing judge had erred in several respects, including the application of influence over his brothers, the consideration of the applicant’s educational attainments as an aggravating factor, and whether the sentences imposed were manifestly excessive. Furthermore, the court examined whether the sentences were within the legitimate sentencing range and if parity with similar cases had been adequately considered. The appeal also raised the question of whether the subjective features of Mr. Swan, both pre and post offence, were given sufficient weight by the sentencing judge.
The court found that the sentencing judge did not err in considering Mr. Swan to be in a position of influence over his brothers, nor in taking his educational attainments into account as an aggravating factor. The court held that the sentences imposed were not manifestly excessive and were within the legitimate sentencing range. The court found that the sentencing judge had given adequate consideration to the subjective features of Mr. Swan. The appeal was dismissed, and the original sentences were upheld.
No further orders were made by the court beyond the dismissal of the appeal and the upholding of the original sentences.
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
Established by: WOOD CJ
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