R v REFAI [2001] NSWCCA 190

New South Wales Court of Criminal Appeal

CITATION : R v REFAI [2001] NSWCCA 190 FILE NUMBER(S) : CCA 60034/01 HEARING DATE(S) : 11 April 2001 JUDGMENT DATE : 11 April 2001

PARTIES : Regina Nawaf REFAI JUDGMENT OF : Hulme J at 1; Smart AJ at 36

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/11/0365 LOWER COURT JUDICIAL Flannery DCJ OFFICER :

COUNSEL : Crown: M Grogan Appellant: GF Jauncey SOLICITORS : Crown: SE O'Connor Appellant: Macquarie Lawyers

DECISION : Leave to appeal granted; Appeal dismissed.

- 12 - IN THE COURT OF CRIMINAL APPEAL No: 60034/01 HULME J SMART AJ

Wednesday, 11 April 2001

REGINA -v- Nawaf REFAI

JUDGMENT 1 HULME J : On 30 October 2000 the above named applicant pleaded guilty to a charge that between 9 February and 29 July 1994 he did knowingly take part in the supply of a prohibited drug, namely, cocaine. His plea was accepted in full discharge of the indictment which also contained a count that he had supplied the drug in the period mentioned. 2 On 24 January 2001 the applicant was sentenced by Flannery ADCJ to imprisonment for a period of eighteen months including a non parole period of nine months, both periods commencing on that day. A later application to his Honour to have the applicant's period of imprisonment served by way of home detention was considered but refused. 3 So far as they need to be recounted for present purposes, the circumstances of the applicant's offence are as follows. Between the dates mentioned, a business of selling cocaine was being conducted from the Budget Hotel at Kings Cross by a Mr Daher. The business included the purchase of the drug, its mixture with other products, and its division into capsules. For an extra payment, purchasers were provided with a capsule, a syringe, some water and the use of a room. 4 The statement of facts tendered before Flannery ADCJ and which was not the subject of dispute asserted that: "The prisoner was a close friend of Robert Daher and during the period in question provided assistance to Daher in relation to the business. He (amongst others) acted as a messenger between Daher and those directly involved in selling at the hotel and between Daher and his associates in the business. At times he provided personal security for Daher and for the hotel. On one occasion he helped prepared the cocaine capsules for sale. On a few occasions the prisoner was himself directly involved in selling cocaine at the hotel. He was paid for his services with money and cocaine."