Regina v Malek [2002] NSWCCA 424

Reported Decision : (2002) 134 A Crim R 423

New South Wales Court of Criminal Appeal

CITATION : Regina v Malek [2002] NSWCCA 424 FILE NUMBER(S) : CCA 60148/02 HEARING DATE(S) : 27 September 2002 JUDGMENT DATE : 15 October 2002

PARTIES : Regina v Naif (Nick) Malek JUDGMENT OF : Hidden J at 26; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/1312 LOWER COURT JUDICIAL Finnane DCJ OFFICER :

COUNSEL : (A) P M Winch (C) P G Ingram SOLICITORS : (A) Sachs Gerace Lawyers (C) S E O'Connor CATCHWORDS : Sentencing - knowingly take part in supply of prohibited drug - receptionist, book keeper, cashier at brothel where drugs supplied - knowing what was happening - correct level of sentencing. LEGISLATION CITED : Nil CASES CITED: Nil DECISION : See para 25

IN THE COURT OF CRIMINAL APPEAL

60148/02 HIDDEN J SMART AJ

Tuesday, 15 October 2002 NAIF (NICK) MALEK v REGINA JUDGMENT 1. SMART AJ: Naif Malek seeks leave to appeal against concurrent sentences of imprisonment being 8 years with a non-parole period of 4 years for the offence of knowingly take part in the supply of not less than the commercial quantity of heroin (count 1) and 7½ years with a non-parole period of 4 years for the offence of knowingly take part in the supply of cocaine (count 2). The offences were alleged to have occurred between 8 November 1999 and 11 April 2001.

2. The applicant was largely but not totally unemployed and was offered a job by Joseph Attallah whom he knew through his mother. She and the applicant were friends. She asked him to keep an eye on her son. The job was at the Eternity Brothel, otherwise known as Total Eternity Escorts at Bankstown. He was employed casually and later permanently as a receptionist/book keeper/cashier/manager.