Majzoub v Regina [2006] NSWCCA 128

New South Wales Court of Criminal Appeal

CITATION: Majzoub v Regina [2006] NSWCCA 128 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 21/04/2006

JUDGMENT DATE: 21 April 2006

JUDGMENT OF: Hodgson JA at 1; James J; Hoeben J

EX TEMPORE JUDGMENT DATE: 04/21/2006

DECISION: Leave to appeal granted.; Appeal dismissed.

CATCHWORDS: Sentence appeal - manifestly excessive - parity of sentence - no legitimate sense of grievance.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985

CASES CITED: Veen v The Queen (No 2) (1988) 164 CLR 465

PARTIES: Mohammed Majzoub - Applicant Regina - Respondent

FILE NUMBER(S): CCA 2005/2373

COUNSEL: Ms A Francis - Applicant G Rowling - Crown

SOLICITORS: SE O'Connor, Legal Aid Commission of NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Crown

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/21/3028

LOWER COURT JUDICIAL OFFICER: Maguire DCJ

LOWER COURT DATE OF DECISION: 06/05/05

IN THE COURT OF CRIMINAL APPEAL 2005/2373

HODGSON JA JAMES J HOEBEN J

Friday, 21 April 2006 Mohammed MAJZOUB v REGINA Judgment 1 HODGSON JA: The Court is in a position to give judgment and I will ask Hoeben J to give the first judgment. 2 HOEBEN J: Offences and sentence On 9 February 2005 the applicant pleaded guilty on indictment that between 3 November 2004 and 4 November 2004 at Ashcroft in the State of New South Wales he did on three separate occasions supply a prohibited drug, to wit, amphetamine for financial or material reward contrary to s25A(1) of the Drug Misuse and Trafficking Act – maximum penalty imprisonment for 20 years. 3 The applicant, who had been in custody since 4 November 2004, was sentenced by Maguire DCJ on 6 May 2005 as follows: