REGINA v DROUBI [2002] NSWCCA 269

New South Wales Court of Criminal Appeal

CITATION : REGINA v DROUBI [2002] NSWCCA 269 FILE NUMBER(S) : CCA 60315/01 HEARING DATE(S) : 18 June 2002 JUDGMENT DATE : 18 June 2002

Regina

PARTIES : v

Richard Droubi JUDGMENT OF : Dunford J at 20; Adams J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0652 LOWER COURT JUDICIAL Dodd DCJ OFFICER :

COUNSEL : P Byrne SC (Applicant) W G Dawe QC (Crown) SOLICITORS : The Law Practice (Applicant) S E O'Connor (Crown)

LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 CASES CITED: The Queen v Wong and Leung [1999] NSWCCA 420 DECISION : Leave to appeal against sentence be granted; The appeal be allowed and the sentence in respect of the trial matter be quashed; In lieu thereof, and taking into account the matter on the Form 1, the applicant be sentenced to imprisonment for 5 years to commence on 23/01/01 and expire on 22/01/06, with a non-parole period of 3 years 3 months to expire on 22/04/04; The sentences in respect of the other offences be confirmed.

IN THE COURT OF CRIMINAL APPEAL 60315/01

DUNFORD J ADAMS J

TUESDAY 18 JUNE 2002 REGINA v RICHARD DROUBI Judgment

1 ADAMS J: The applicant, who was found guilty after trial of an offence committed on 16 June 1999 of supplying a prohibited drug, namely, cocaine, seeks leave to appeal from the sentence of six years with a non parole period of four years dating from 23 January 2001 that was imposed on him. 2 When arraigned on 18 May 2001, the applicant had pleaded also to and was convicted of further offences as follows -