R v Derbas [2004] NSWCCA 174

New South Wales Court of Criminal Appeal

CITATION : R v Derbas [2004] NSWCCA 174 HEARING DATE(S) : 19 April 2004 JUDGMENT DATE : 4 June 2004

JUDGMENT OF : Wood CJ at CL at 1; Simpson J at 2; Bell J at 45 DECISION : Leave to appeal granted, appeal dismissed.

CATCHWORDS : application for leave to appeal against sentence - plea of guilty - supply of prohibited drug (cannabis) - Form 1 offence - goods in custody - level of involvement in organised commercial enterprise - utilitarian value of plea of guilty - sentence not manifestly excessive - parity - witness assistance to police having pleaded guilty in unrelated matters - limit Local Court jurisdiction - whether applicant's sentence could properly be increased by reason of summary offence on Form 1 Crimes Act 1900, s527C LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999, s47, s58(1) Criminal Procedure Act 1986, s6(1) PARTIES : Crown - Respondent Fadi Derbas - Applicant FILE NUMBER(S) : CCA 60491/03 COUNSEL : Ms E Wilkins - Crown Mr P Byrne SC - Applicant SOLICITORS : S Kavanagh - Crown J Bettens - Applicant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0320 FILE NUMBER(S) : LOWER COURT Hosking DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60491/03

WOOD CJ at CL SIMPSON J BELL J

Friday 4 June 2004 REGINA v Fadi DERBAS Judgment 1 WOOD CJ at CL: I have read in draft for the judgment of Simpson J. I agree with the orders proposed, and with the reasons of her Honour. 2 SIMPSON J: The applicant seeks leave to appeal against a sentence imposed upon him by Hosking DCJ in the District Court 30 May 2003 following his plea of guilty to an indictment containing a single count of supply of a prohibited drug (cannabis). In sentencing the applicant Judge Hosking also took into account, on a Form 1, pursuant to Part 3 Division 3 of the Crimes (Sentencing Procedure) Act 1999, a further offence of having in custody goods that might reasonably be suspected of having been stolen or otherwise unlawfully obtained. 3 Judge Hosking sentenced the applicant to imprisonment for five years and six months with a non-parole period of three years and four months, commencing on 9 February 2003. The statutory maximum penalty applicable to the offence to which the applicant pleaded guilty is imprisonment for ten years.