Hussein v R [2020] NSWCCA 342

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hussein v R [2020] NSWCCA 342 Hearing dates: 25 November 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Before: Hoeben CJ at CL [1] Bellew J at [2] Wright J at [42] Decision: (1) An extension of time in which to file an application for leave to appeal against sentence is refused. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – Offences – Sentence – Appeal – Applicant seeking an extension of time in which to seek leave to appeal against sentence – Where applicant pleaded guilty to the supply of a large commercial quantity of a prohibited drug – Evidence of money derived from that supply – Whether sentencing judge erred in treating the applicant's financial gain as an aggravating factor – Where sentencing judge made no express reference to that being an aggravating factor – Where sentence proceedings not conducted on that basis – No ambiguity in the sentencing judge's reasons – Unwarranted parsing of reasons – Ground of appeal not made out – Extension of time refused Legislation Cited: Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Daniels v R [2007] NSWCCA 372 Farkas v R (2014) 243 A Crim R 388; [2014] NSWCCA 141 Huang v R [2017] NSWCCA 312 Hughes v R [2008] NSWCCA 48 R v Van Hong Pham [2005] NSWCCA 94 Sanchet v Director of Public Prosecutions (Cth) [2006] NSWCCA 291 Category: Principal judgment Parties: Ali Hussein – Applicant Regina – Respondent Representation: Counsel: D Barrow – Applicant G Newton – Respondent