R v Khaled [2001] NSWCCA 169

New South Wales Court of Criminal Appeal

CITATION : R v Khaled [2001] NSWCCA 169 FILE NUMBER(S) : CCA 60243/60 HEARING DATE(S) : 20 April 2001 JUDGMENT DATE : 20 April 2001

PARTIES : Regina Khaled Khaled JUDGMENT OF : Wood CJ at CL at 1; Sully J at 22

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/41/0236 LOWER COURT JUDICIAL Moore DCJ OFFICER :

COUNSEL : L. Lamprati (C) A.P. Cook (A) SOLICITORS : S E O'Connor D J Humphreys CATCHWORDS : CRIMINAL LAW - appeals - appeal against sentence - supply of drugs - error as to quantity supplied - s 25A Drug Misuse and Trafficking Act - whether sentence manifestly excessive CASES CITED: Crimes Act 1900 s 94 Crimes (Sentencing Procedure) Act 1999 s 32 DECISION : Leave to appeal granted; Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

No. 60243 of 2000

WOOD CJ at CL SULLY J FRIDAY 20 APRIL 2001 Regina v Khaled KHALED

The applicant pleaded guilty to having supplied a quantity heroin on three separate occasions within a thirty day period, contrary to s 25A Drug Misuse and Trafficking Act 1985. He was sentenced to four years imprisonment with a non-parole period of two years.

The analysts' certificate showed that the quantities of heroin involved in the sale were less than that assessed by the sentencing Judge.

The applicant seeks leave to appeal against the severity of the sentence on the grounds that (1) the sentencing Judge erred in relation to the assessment of the quantity of drugs involved; (2) the sentence was manifestly excessive.

HELD: (Appeal dismissed):

Ground 1: his Honour erred in relation to assessment of quantity of drugs It may be accepted that the quantity of the drug is a relevant consideration in sentencing, however, this is not the only consideration. In determining an appropriate penalty for offences under s 25A Drug Misuse and Trafficking Act it is relevant to consider the magnitude of the operation or dealing. It is important to give full effect to the legislative policy of the section so as to provide a strong deterrent for those who may otherwise become involved in such activity.