SHAABAN v REGINA [2007] NSWCCA 115

New South Wales Court of Criminal Appeal

CITATION: SHAABAN v REGINA [2007] NSWCCA 115

HEARING DATE(S): 18/04/07 JUDGMENT OF: McClellan CJ at CL at 20; Hidden J at 21; Rothman J at 2

EX TEMPORE JUDGMENT DATE: 18 April 2007

DECISION: (a) leave to appeal be granted; (b) appeal be dismissed.

CATCHWORDS: CRIMINAL LAW - APPEAL - SENTENCE APPEAL - no identifiable error - no manifest error - no basis for intervention of court.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 (NSW)

CASES CITED: House v The King (1936) 55 CLR 499

PARTIES: Adam SHAABAN (Applicant) REGINA (Respondent)

FILE NUMBER(S): CCA 2007/32

COUNSEL: Applicant: Self Represented Respondent: R. Herps

SOLICITORS: Applicant; Self Represented Respondent: S.Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/21/1132

LOWER COURT JUDICIAL OFFICER: English DCJ

LOWER COURT DATE OF DECISION: 11/04/06

IN THE COURT OF CRIMINAL APPEAL 2007/32

McCLELLAN CJ at CL HIDDEN J ROTHMAN J

18 APRIL 2007 Adam SHAABAN v REGINA EX TEMPORE Judgment 1 McCLELLAN CJ at CL: I will ask Rothman J to deliver the first judgment. 2 ROTHMAN J: The applicant, Adam Shaaban, seeks leave to appeal against the sentence imposed upon him by her Honour Judge English on 11 April 2006. 3 The applicant was charged with ongoing supply of prohibited drug, namely, methylamphetamine and ecstasy, the date of offence being between 8 December 2004 and 21 December 2004, contrary to section 25A(1) of the Drug Misuse and Trafficking Act 1985 (NSW). The maximum penalty for such an offence is 3,500 penalty units or imprisonment for twenty years, or both. 4 The applicant pleaded guilty before the Local Court and adhered to that plea of guilty before the District Court. In the course of the sentencing, the applicant sought to take into account six further offences in a Form 1 being the following: