NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Yassien v R [2006] NSWCCA 15
HEARING DATE(S): 03/02/2006
JUDGMENT DATE: 13 February 2006
JUDGMENT OF: Giles JA at 1; Grove J at 2; Hoeben J at 3
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Sentence appeal - offence capable of being dealt with summarily - failure of sentencing judge to refer to that fact - whether error - principle of totality.
Crimes Act 1900 LEGISLATION CITED: Enclosed Lands Protection Act 1901 Drug Misuse and Trafficking Act 1985
Pearce v The Queen (1998) 194 CLR 610 R v Crombie [1999] NSWCCA 297 at [16] R v Depoma [2003] NSWCCA 382 at [17] R v Doan (2000) 50 NSWLR 115 CASES CITED: R v El Masri [2005] NSWCCA 167 at [30] R v Gent [2005] NSWCCA 370 at [84]-[85] R v Hajjo (unreported, NSWCCA, 31.8.92) R v Holder and Johnston (1983) 3 NSWLR 245 at 260 R v Palmer [2005] NSWCCA 349 at [15]
PARTIES: Nabil Yassien - Applicant Regina - Respondent
FILE NUMBER(S): CCA 2005/2537
COUNSEL: Ms L Flannery - Applicant W Dawe QC - Respondent Crown
SOLICITORS: S O'Connor, Legal Aid Commission of NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/3007
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/2537
GILES JA GROVE J HOEBEN J
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