NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Fahs v Regina [2007] NSWCCA 26 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 07/02/2007
JUDGMENT DATE: 14 February 2007
JUDGMENT OF: Simpson J at 1; Howie J at 2; Buddin J at 33
DECISION: Application for leave to appeal is granted but the appeal is dismissed.
CATCHWORDS: Criminal Law - Sentencing - Factors in aggravation - "planned or organised criminal activity" - accumulation of sentences - finding special circumstances - no reduction in non-parole period - no lesser sentence warranted.
Drug Misuse and Trafficking Act 1985 - ss 25(2), 25A LEGISLATION CITED: Criminal Procedure Act 1986 -s166 Crimes (Sentencing Procedure) Act 1999 - ss 21A(2), 21A(2)(d), 21A(2)(n), 54B(4)
R v Wickham [2004] NSWCCA 193 Elyard v R [2006] NSWCCA 43 CASES CITED: R v McNaughton [2006] NSWCCA 242 Nguyen v R [2007] NSWCCA 14 R v Israil [2002] NSWCCA 255
PARTIES: Mario Fahs v Regina
FILE NUMBER(S): CCA 2006/2523
COUNSEL: V. Lydiard - Crown V. Terracini SC/G. Ikners - Applicant
SOLICITORS: S. Kavanagh - Crown P. C. Proctor - Solicitor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/0281; 05/21/0283
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
LOWER COURT DATE OF DECISION: 29/03/2006
IN THE COURT OF CRIMINAL APPEAL 2006/2523
SIMPSON J HOWIE J BUDDIN J
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