R v Zahra No. Sccrm-98-175 Judgment No. S6854

[1998] SASC 6854

R  v  ZAHRA
[1998] SASC S6854

Court of Criminal Appeal:  Doyle CJ, Prior and Lander JJ

DOYLE CJ

1. This is an application for leave to appeal against sentence.

2. The applicant was sentenced by a District Court judge for the offence of possessing cannabis for sale and for the offence of being in possession of money that was reasonably suspected of having been stolen or obtained by unlawful means.  The District Court imposed a separate sentence for each offence, but ordered that they be served concurrently.

3. The applicant has appealed on the ground that the sentences are manifestly excessive.

4. Leave to appeal against sentence was refused by Perry J.

5. By application dated 2 September 1998 the applicant applied to have determined by the Full Court his application to appeal against sentence.  The application was considered by the Full Court in private pursuant to r15(7) of the Criminal Appeal Rules 1996.  The Court for that purpose comprised me, Justice Prior and Justice Lander.

6. By a majority the Court is of the opinion that leave to appeal should be granted.

7. Accordingly, the order of the Court is that leave to appeal against sentence be granted.