R v HARMOUCHE [2005] NSWCCA 398

Reported Decision : 158 A Crim R 357

New South Wales Court of Criminal Appeal

R v HARMOUCHE [2005] NSWCCA 398 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 November 2005

JUDGMENT DATE: 21 November 2005

JUDGMENT OF: Sully J at 1; Hulme J at 2; Latham J at 76

DECISION: See paragraph 72

Regina PARTIES: Albert Harmouche

FILE NUMBER(S): CCA 2005/1299

Crown: W Roser COUNSEL: Respondent: H Dhanji

Crown: S Kavanagh SOLICITORS: Respondent: S O'Connor

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/21/0415

LOWER COURT JUDICIAL OFFICER: Delaney DCJ

- 25 - There being accidental error in the formulation of order (iii) appearing at paragraph 72 in this matter the Court corrects that error by ordering in lieu (see paragragrah 72(iii) IN THE COURT OF CRIMINAL APPEAL

2005/1299 SULLY J HULME J LATHAM J

Monday, 21 November 2005 REGINA v Albert HARMOUCHE Judgment 1 SULLY J: I agree with Hulme J. 2 HULME J: On 4 November 2004, the abovenamed Respondent to this Crown appeal pleaded guilty before Judge Ellis to a charge "that he between 16 January 2002 and 14 February 2002 … did supply a prohibited drug, namely cocaine". On 31 May 2005 Judge Delaney sentenced the Respondent to imprisonment for 2 years and 6 months including a non-parole period of 1 year and 3 months, directing that the sentence be served by way of periodic detention.

3 The Respondent's offence was one provided for by s25(1) of the Drug (Misuse and Trafficking) Act and rendered the Respondent liable to imprisonment for 15 years and a fine equivalent to 2000 penalty units. The Crown contends that the sentence imposed was manifestly inadequate and draws attention, in addition to the sentence itself, to a number of matters which it contends are demonstrative of error on the part of his Honour.