Regina v Attallah [2005] NSWCCA 277

New South Wales Court of Criminal Appeal

CITATION: Regina v Attallah [2005] NSWCCA 277

HEARING DATE(S): 16/06/05

JUDGMENT DATE: 25 August 2005

JUDGMENT OF: James J at 1; Buddin J at 228; Rothman J at 229

DECISION: Appeal against conviction dismissed. Leave to appeal against sentences granted. Appeal against sentence allowed. Appellant re-sentenced to a term of imprisonment of twenty-four years with a non-parole period of eighteen years

CATCHWORDS: CRIMINAL LAW - an offence of supplying not less than a large commercial quantity of heroin and an offence of supplying not less than a large commercial quantity of cocaine - CONVICTION APPEAL - whether trial proceedings miscarried through the re-examination of a witness who gave evidence that she was fearful of the appellant because there had been an argument among members of the appellant's family which had resulted in the death by shooting of a person - whether trial proceedings miscarried by reason of outbursts by the family of the appellant and the appellant himself on a number of occasions - whether the trial proceedings miscarried through the remarks and comments made by the Crown Prosecutor in the course of his closing address to the jury - whether the directions given by the trial judge on the requirement for proof of the element of quantity in charges of supplying a large commercial quantity of prohibited drugs were erroneous and inadequate - whether directions given by the trial judge as to the potential unreliability of certain witnesses were adequate - SENTENCE APPEAL - life sentence - whether manifestly excessive

Crimes (Sentencing Procedure) Act LEGISLATION CITED: Drug Misuse and Trafficking Act Evidence Act

Azzopardi v The Queen (2001) 205 CLR 50 Pearce v The Queen (1998) 194 CLR 610 Roulston [1976] 2 NZLR 644 RPS v The Queen (2000) 199 CLR 620 R v Cheung Wai Man (unreported 22 March 1991) R v Chung [1999] NSWCCA 330 R v Chung [2001] NSWCCA 484 CASES CITED: R v Clark (2001) 123 A Crim R 506 R v Hamzy (1994) 74 A Crim R 341 R v Harris (2000) 50 NSWLR 409 R v Liristis (2004) 146 A Crim R 547 R v McCullough (1982) 6 A Crim R 274 R v Morgan (1993) 70 A Crim R 368 R v Stewart (2001) 52 NSWLR 301 Veen v The Queen (No 2) (1998) 164 CLR 465