Tamer v R [2020] NSWCCA 333

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tamer v R [2020] NSWCCA 333 Hearing dates: 1 December 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Before: Brereton JA at [1] Bellew J at [2] Campbell J at [52] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed in the District Court is quashed. (4) In lieu thereof, the applicant is sentenced to imprisonment for a period of 7 years and 6 months commencing on 17 March 2017 and ending on 16 September 2024. (5) I specify a non-parole period of 4 years and 6 months' imprisonment commencing on 17 March 2017 and expiring on 16 September 2021. Catchwords: CRIMINAL LAW – Offences – Sentence – Appeal – Where applicant had pleaded guilty to an offence of supplying not less than the large commercial quantity of a prohibited drug – Where applicant aged 21 at the time of the offending – Where sentencing judge erroneously stated that the applicant was aged 23 at the time of the offending – Where erroneously found that the applicant was on bail at the time of his offending and regarded that as an aggravating factor – Error established – Applicant re-sentenced Legislation Cited: Crimes (Sentencing Procedure) Act (1999) (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No. 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159 HJ v R [2014] NSWCCA 21 JM v R (2012) 223 A Crim R 55; [2012] NSWCCA 83 KT v R (2008) 182 A Crim R 571; [2008] NSWCCA 51 Newman (a pseudonym) v R [2019] NSWCCA 157 R v Elfar [2003] NSWCCA 358 R v Mastronardi (2000) 111 A Crim R 306; [2000] NSWCCA 12 R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353 Category: Principal judgment Parties: Ayman Tamer – Applicant Regina – Respondent Representation: Counsel: T Thorpe – Applicant D Beaufils – Respondent