NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Hamieh v R [2007] NSWCCA 277 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 26 April 2007
JUDGMENT DATE: 21 September 2007
JUDGMENT OF: James J at 1; Rothman J at 2; Harrison J at 40
DECISION: (i) Leave to appeal be granted; (ii) The sentence imposed on Andrew Pierre Hamieh on 10 June 2005 be quashed and in lieu thereof he be sentenced, taking into account the offence on the Form 1, to a non-parole period of five years and two months commencing 21 January 2005 and expiring on 20 March 2010 with the remainder of term of two years and seven months expiring on 20 December 2012.
CATCHWORDS: CRIMINAL LAW – APPEAL – SENTENCING – unjustifiable discrepancy between co-offenders – categorisation of role in drug supply – insufficient consideration of subjective circumstances of offender – dissociative state.
Jones v The Queen (1993) 67 ALJR 376 Lozanovski v R [2006] NSWCCA 143 McKenna v Regina [2007] NSWCCA 113 CASES CITED: Postiglione v The Queen (1997) 189 CLR 295 R v Liang, unreported, NSWCCA, 2 June 1995 R v Tiddy [1969] SASR 575 Ryan v The Queen (2001) 206 CLR 267
PARTIES: Andrew Pierre Hamieh (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2005/4520 (formerly 2006/2161)
COUNSEL: I. Barker QC (Applicant) D. Woodburne (Crown)
SOLICITORS: C. V. Jeffreys (LAC) S. Kavanagh (ODPP)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0516
LOWER COURT JUDICIAL OFFICER: Gibson A/DCJ
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