R v Mousallem [2001] NSWCCA 536

New South Wales Court of Criminal Appeal

CITATION : R v Mousallem [2001] NSWCCA 536 FILE NUMBER(S) : CCA 60792/00 HEARING DATE(S) : 14 December 2001 JUDGMENT DATE : 14 December 2001

PARTIES : Regina Alan (Ahmad) Mousallem JUDGMENT OF : Wood CJ at CL; Sperling J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0071 LOWER COURT JUDICIAL Freeman DCJ OFFICER :

COUNSEL : J S Stratton for the Applicant G E Smith for the Crown SOLICITORS : Brenda Duchen for the Applicant S E O'Connor for the Director of Public Prosecutions CATCHWORDS : Criminal Law - application for leave to appeal against sentence - no question of principle CASES CITED: Wong and Leung (1999) 48 NSWLR 340 DECISION : Leave to appeal granted; Appeal dismissed.

- 1 -IN THE COURT OF CRIMINAL APPEAL

Wood CJ at CL Sperling J

Friday, 14 December 2001 60792/00 Regina v Alan Mousallem Judgment 1 SPERLING J: The applicant was born on 10 July 1967. He was imprisoned in relation to various offences from 6 December 1991 to 10 April 1998. The offences included armed robbery, supply of a prohibited drug (heroin), and being knowingly concerned in the importation of a prohibited drug (heroin). When he was sentenced for supply of a prohibited drug, two similar offences were taken into account. 2 The offence of being knowingly concerned in the importation of a prohibited drug was a Commonwealth offence for which the applicant received a sentence of nine years with a non-parole period of six years expiring on 10 May 1999. An appeal against that conviction and sentence was unsuccessful. The applicant was released on licence on 10 April 1998, some 13 months earlier than the expiry date for the non-parole period of six years. 3 On 5 November 1999 the applicant was arrested and charged with a further offence of supplying prohibited drug (heroin) on that day. The supply was constructive, the applicant having been found in possession of heroin and selling paraphernalia. 4 At that time, the applicant had been out of prison for a period of approximately 18 months. The non-parole period of six years in relation to the previous Commonwealth offence had expired but the head sentence of nine years had not. The applicant was still on liberty on licence in relation to that sentence. 5 The applicant pleaded not guilty to the new charge. Following a trial in the District Court he was convicted on 7 December 2000.