NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Farah [2005] NSWCCA 67
HEARING DATE(S): 01/03/05
JUDGMENT DATE: 1 March 2005
JUDGMENT OF: Grove J at 54; James J at 2; Barr J at 55
DECISION: Leave to appeal be granted. Appeal allowed. Sentences imposed by Sides DCJ quashed. Applicant re-sentenced.
CATCHWORDS: CRIMINAL LAW - SENTENCING - supplying prohibited drugs on an ongoing basis - heroin and methylamphetamine - pleas of guilty had not been entered at the earliest opportunity - whether sentence manifestly excessive - whether sentencing judge erred in failing to make allowance for the applicant's medical condition - whether sentencing judge erred in failing to make a finding that the applicant had favourable prospects of rehabilitation - principle of totality - whether sentencing judge had sufficient regard to the punishment the applicant had already received from a penalty imposed under the Criminal Assets Recovery Act
Crimes (Sentencing Procedure) Act LEGISLATION CITED: Criminal Assets Recovery Act Drug Misuse and Trafficking Act
CASES CITED: NSW Crime Commission v Farah (2003) 142 A Crim R 108
PARTIES: Regina v Michael Farah
FILE NUMBER(S): CCA 2004/2954
M Ramage QC - Applicant COUNSEL: Ms D Woodburne - Respondent
V Havryliv - Applicant SOLICITORS: S Kavanagh - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/21/3032
LOWER COURT JUDICIAL OFFICER: Moore DCJ & Sides DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/2954
GROVE J JAMES J BARR J
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