NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Nasr [2004] NSWCCA 441 HEARING DATE(S) : 01/12/04 JUDGMENT DATE : 8 December 2004
JUDGMENT OF : Tobias JA at 1; Sully J at 2; Hoeben J at 3 DECISION : Crown appeal allowed. Sentences imposed in relation to counts 1,2 and 3 quashed. Respondent re-sentenced.
CATCHWORDS : CRIMINAL LAW: Sentencing - Crown appeal against leniency of sentence - whether sentence manifestly inadequate - objective gravity of offences - member of drug supplying syndicate - whether prospects of successful rehabilitation given too much weight. LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 R v Day (unreported, NSWCCA, 23.4.98) R v Hernando (2002) 136 ACrimR 451 CASES CITED : R v KM & Ors [2004] NSWCCA 65 R v Leslie (1991) 55 ACrimR 68 R v Niga (unreported, NSWCCA 30.4.94) PARTIES : Crown - Appellant David Nasr - Respondent FILE NUMBER(S) : CCA 2004/2395 COUNSEL : Ms J Girdham - Applicant Crown Mr R Hulme SC - Respondent SOLICITORS : S Kavanagh, Solicitor for Public Prosecutions - Crown S O'Connor, Legal Aid Commission - Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/1135 FILE NUMBER(S) : LOWER COURT Phegan DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 2004/2395
TOBIAS JA SULLY J HOEBEN J
Wednesday, 8 December, 2004 REGINA v David NASR Judgment 1 TOBIAS JA: I agree with Hoeben J. 2 SULLY J: I agree with Hoeben J. 3 HOEBEN J: Offences and sentences 4 On 2 June 2004 the respondent entered a plea of guilty to the following offences:
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