NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v Mohamad ELLAZ [2005] NSWCCA 350
HEARING DATE(S): 23/08/2005
JUDGMENT DATE: 19 October 2005
JUDGMENT OF: Sully J at 1; Hidden J at 2; Hall J at 38
DECISION: Leave to appeal granted, appeal dismissed.
CATCHWORDS: CRIMINAL LAW: Application for leave to appeal against sentence - ongoing supply of heroin - whether adequate discount for plea of guilty, assistance to authorities - relevance of observations of sentencing judge during final addresses - finding of special circumstances - whether structure of sentence appropriate - whether adequate weight given to applicant's mental condition.
Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
R v Howard [2004] NSWCCA 348 R v Thomson (2000) 49 NSWLR 383 R v El Hani [2004] NSWCCA 162 R v Way (2004) 60 NSWLR 168 CASES CITED: R v Tobar & Anor (2004) 150 A Crim R 104 R v Johnson [2004] NSWCCA 76 R v Engert (1995) 84 A Crim R 67 R v Israel [2002] NSWCCA 255
Regina (respondent) PARTIES: Mohamad Ellaz (applicant)
FILE NUMBER(S): CCA 2005/987
Ms J Dwyer (respondent) COUNSEL: Ms G Bashir (applicant)
S Kavanagh - Solicitor for Public Prosecutions SOLICITORS: S O'Connor - Solicitor for Legal Aid Commission
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/3012
LOWER COURT JUDICIAL OFFICER: Nicholson DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/987
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