Naim v Regina [2006] NSWCCA 289

New South Wales Court of Criminal Appeal

CITATION: Naim v Regina [2006] NSWCCA 289

HEARING DATE(S): 5 September 2006 JUDGMENT OF: Giles JA at 23; Sully J at 1; Latham J at 24

EX TEMPORE JUDGMENT DATE: 09/05/2006

DECISION: Leave to appeal against sentence granted; Appeal against sentence dismissed

Drug (Misuse and Trafficking) Act 1985 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW)

CASES CITED: Queen v Way (2004) 60 NSWLR 168 Regina v Beavan: unreported, NSWCCA 22 August 1991

PARTIES: Fares Naim Regina

FILE NUMBER(S): CCA 2006/714

COUNSEL: P. Barrett - Crown S. Hodges (solicitor) - Appellant

SOLICITORS: S. Kavanah - Crown S. Hodges - Appellant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/21/0397

LOWER COURT JUDICIAL OFFICER: Ellis DCJ

LOWER COURT DATE OF DECISION: 27 October 2004

IN THE COURT OF CRIMINAL APPEAL 2006/714

GILES JA SULLY J LATHAM J

5 September 2006 FARES NAIM v REGINA Judgment 1 SULLY J: Mr Fares Naim applies for leave to appeal against sentences of imprisonment passed upon him in the Parramatta District Court on 27 October 2004. 2 On 3 June 2004 the applicant was presented before the Parramatta District Court upon AN indictment containing two counts. Count 1 of the indictment charged the applicant with having supplied, on 14 May 2003, a prohibited drug, namely, methylamphetamine. An offence of that character contravenes S25(1) of the Drug (Misuse and Trafficking) Act 1985 and attracts upon conviction a statutory maximum penalty of, relevantly, imprisonment for 15 years. Count 2 charged the applicant, jointly with another name co-offender, of having supplied on 29 May 2003 not less than the large commercial quantity prescribed for the purposes of the relevant legislation in respect of the prohibited drug methylamphetamine. An offence of that character contravenes S25(2) of the Drug (Misuse and Trafficking) Act 1985 and it attracts upon conviction a statutory maximum penalty, relevantly, of imprisonment for life. 3 An offence of that character is affected also by the statutory scheme of standard non parole periods, which is to be found in Part 4 Division 1A of the Crimes (Sentencing Procedure) Act 1999 (NSW). The standard non parole period prescribed within the ambit of that scheme for a contravention of S25(2) is a standard non parole period of imprisonment for 15 years.