NSW Caselaw
Appeal Outcome: Special leave application dismissed by the High Court 5 June 2009 (S23/2009 & S84/2009)
New South Wales Court of Criminal Appeal
CITATION: R v KUMAR, R v FEAGAIGA [2008] NSWCCA 328
HEARING DATE(S): 4 June 2008
JUDGMENT DATE: 19 December 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 2; Hidden J at 88
(i) Grant leave to Kumar to appeal. (ii) Dismiss the appeal by Kumar. (iii) Allow the Crown appeal against the sentences imposed on Kumar by Sides DCJ on 22 November 2007 in respect of 4 charges of the supply of a commercial quantity of drugs. (iv) Quash those sentences. (v) Allow the Crown appeal against the sentences imposed on Feagaiga by Sides DCJ on 22 November 2007 in respect of 4 charges of the supply of a commercial quantity of drugs. (vii) Quash those sentences. DECISION: (viii) Confirm the sentences imposed on the remaining 6 charges. (ix) Quash the orders of Sides DCJ directing the release of the Respondents to parole. (x) Sentence each of Kumar and Feagaiga as follows:- (a) In respect of the charge of supply of a commercial quantity of ecstasy on 9 August 2006 each is sentenced to imprisonment for a non-parole of 4 years and 3 months and a total term of 5 years and 6 months both such periods commencing on 30 August 2006. (b) In respect of the charge of supply of a commercial quantity of ecstasy on 16 August 2006 each is sentenced to imprisonment for a non-parole of 4 years and 6 months and a total term of 6 years both such periods commencing on 29 February 2008. (c) In respect of the charge of supply of a commercial quantity of ecstasy on 23 August 2006 each is sentenced to imprisonment for a non-parole of 4 years and 6 months and a total term of 6 years both such periods commencing on 30 August 2009. (d) In respect of the charge of supply of a commercial quantity of methylamphetamine on 30 August 2006 each is sentenced to imprisonment for a non-parole of 3 years and a total term of 6 years both such periods commencing on 28 August 2011
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