Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Zolfonoon [2016] NSWCCA 250 Hearing dates: 8 June 2016 Date of orders: 10 November 2016 Decision date: 10 November 2016 Before: Beazley P
Garling J
Fagan JDecision: (1) Appeal allowed;
(2) Quash the sentence imposed in the District Court on 11 December 2015;
(3) In lieu of that sentence, impose an aggregate sentence on the respondent of a non-parole period of 10 years, commencing 29 August 2013, and concluding on 28 August 2023, with a balance of term of 5 years, concluding on 28 August 2028.Catchwords: CRIMINAL LAW – Crown appeal against sentence – whether sentence manifestly inadequate – supplying large commercial quantity of a prohibited drug – Drug Misuse and Trafficking Act 1985 s 25(2) – whether sentencing judge erred by double counting subjective features in assessing the appropriate sentence and finding special circumstances – whether sentencing judge erred by having regard to extraneous considerations not relevant to the sentencing exercise – whether sentencing judge erred by failing to consider principles of general deterrence, punishment and denunciation in fixing the non-parole period – whether sentence was manifestly inadequate by reference to the sentences imposed on co-offenders – whether sentencing Judge erred by failing adequately to accumulate indicative sentences when assessing aggregate sentences Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
Drug Misuse and Trafficking Act 1985Cases Cited: Bugmy v R [1990] HCA 18; (1990) 169 CLR 525
Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41
Caristo v R [2011] NSWCCA 7
CMB v Attorney General for New South Wales [2015] HCA 9; 317 ALR 308
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321.
Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 242 CLR 462
Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520
Mitreski v R [2015] NSWCCA 137
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Power v R [1974] HCA 26; (1974) 131 CLR 623
R v Brown [2012] NSWCCA 199
R v El-Hayek [2004] NSWCCA 25; (2004) 144 A Crim R 90
R v Hatzisavvas; R v Lopez-Rios [2016] NSWCCA 147
R v Hernando [2002] NSWCCA 489; (2002) 136 A Crim R 451
R v Mereb; R v Younan [2014] NSWCCA 149
R v Wood [2012] NSWCCA 231; (2012) 84 NSWLR 581
The Queen v Pham [2015] HCA 39; (2015) 244 A Crim R 280Texts Cited: Not Applicable Category: Principal judgment Parties: Regina (Appellant)
Kamran Zolfonoon (Respondent)Representation: Counsel:
Solicitors:
V Lydiard (Appellant)
B Walker SC / A Demal (Respondent)
C Hyland – Solicitor for Public Prosecutions (Appellant)
Elie Rahme & Associates (Respondent)
File Number(s): 2013/262965, Publication restriction: Not Applicable Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 11 December 2015
- Before:
- Whitford SC DCJ
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- AGLC
- R v Zolfonoon [2016] NSWCCA 250
- Case
- [2016] NSWCCA 250
- Decision Date
CaseChat Overview and Summary
The court examined whether the sentencing judge erred by considering factors that were not relevant to the sentencing exercise. The Crown contended that the sentencing judge had regard to extraneous considerations, which impacted the sentence imposed. The court held that the sentencing judge had indeed erred by taking into account factors that were not relevant to the sentencing process. Furthermore, the court found that the sentencing judge erred by not adequately accumulating indicative sentences when assessing the aggregate sentences. The court also concluded that the sentencing judge had not sufficiently considered the principles of general deterrence, punishment, and denunciation in fixing the non-parole period.
The court determined that the sentence imposed was manifestly inadequate when compared to the sentences given to co-offenders. The Crown had successfully demonstrated that the sentence was inadequate in light of the circumstances of the case and the sentences imposed on co-offenders. Consequently, the court allowed the Crown's appeal against the sentence, quashed the original sentence, and remitted the matter to the sentencing judge for re-sentencing. The court emphasised the importance of adhering to the relevant principles and considerations in determining an appropriate sentence.
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
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