Regina v Hussein Hammoud [2002] NSWCCA 254

New South Wales Court of Criminal Appeal

CITATION : Regina v Hussein Hammoud [2002] NSWCCA 254 FILE NUMBER(S) : CCA 60843/01 HEARING DATE(S) : 21 June 2002 JUDGMENT DATE : 21 June 2002

PARTIES : Regina v Hussein Hammoud JUDGMENT OF : Greg James J at 1, 28; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/1135; 01/11/0459 LOWER COURT JUDICIAL Downs ADCJ OFFICER :

COUNSEL : (A) M C Ramage QC (C) L M B Lampratti SOLICITORS : (A) Neil J O'Connor & Associates (C) S E O'Connor CATCHWORDS : Sentencing - robbery in company - totality - no question of principle LEGISLATION CITED : Nil CASES CITED: R v Henry (1999) 46 NSWLR 346 DECISION : See paraa 26-27

IN THE COURT OF CRIMINAL APPEAL 60843/01

GREG JAMES J SMART AJ Friday, 21 June 2002

REGINA v HUSSEIN HAMMOUD

JUDGMENT 1. GREG JAMES J: The court is in a position to deliver judgment now. I would ask Justice Smart to deliver the first judgment.

2. SMART AJ: Hussein (Sam) Hammoud seeks leave to appeal against the asserted severity of a sentence of imprisonment of a fixed term of two years commencing 4 May 2001 for supplying a prohibited drug, cocaine, and taking into account two further offences of supply cocaine in an amount not less than the indictable quantity, and a sentence of imprisonment for eight years commencing 24 January 2003 with a non-parole period of four years for robbery in company.

3. The dates of commencement reflect presentence custody. The sentences overlap by some three months, 10 days. The overall sentence runs from 4 May 2001 until 23 January 2011, a total of nine years, eight months 19 days with an effective non-parole period of five years eight months 19 days.