Aljubouri v R [2023] NSWCCA 29

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Aljubouri v R [2023] NSWCCA 29 Hearing dates: 28 November 2022 Date of orders: 28 November 2022 Decision date: 22 February 2023 Before: Beech-Jones CJ at CL at [1] Walton J at [2] Yehia J at [63] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. (3) Reasons for judgment is reserved. Catchwords: CRIMINAL LAW – appeals - appeal against sentence – manufacture a large commercial quantity of prohibited drug contrary to s 24(2) of the Drug Misuse and Trafficking Act 1985 (NSW) – two grounds of appeal – appeal predicated upon the principles of parity – no error established – leave to appeal granted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeals Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW), s 24(2) Cases Cited: Borg v R [2019] NSWCCA 129 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 House v The King (1936) 55 CLR 499; [1936] HCA 40 Mir v The Queen [2022] NSWCCA 132 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Category: Principal judgment Parties: Mohammed Aljubouri (Applicant) Rex (Respondent) Representation: Counsel: A Francis (Applicant) E Wilkins SC (Respondent)

Solicitors: Hanna Legal (Applicant) Solicitor for Public Prosecutions (NSW) (Crown) File Number(s): 2019/00106247 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 17 September 2021 Before: Whitford SC DCJ File Number(s): 2019/106247; 2019/106348; 2019/304413; 2019/106518; 2019/106437