Ali Osman v R [2008] NSWCCA 157

New South Wales Court of Criminal Appeal

CITATION: Ali Osman v R [2008] NSWCCA 157

HEARING DATE(S): 20/06/2008

JUDGMENT DATE: 14 July 2008

JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 2; Howie J at 4

DECISION: Leave to appeal is granted but the appeal is dismissed.

CATCHWORDS: Appeal - Sentence appeal for supplying drugs - comparison with sentences for co-offender - parity with sentence imposed after Crown appeal.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 - s 25A Crimes (Sentencing Procedure) Act 1999 - ss 32, 33

CATEGORY: Principal judgment

CASES CITED : R v Cheikh, R v Hoete [2004] NSWCCA 448 R v Christie [2000] NSWCCA 354

PARTIES: Ali Osman v Regina

FILE NUMBER(S): CCA 2005/00004715

COUNSEL: D Arnott SC - Crown A Francis - Applicant

SOLICITORS: S Kavanagh - Crown Kiki Kyriacou - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/21/0005

LOWER COURT JUDICIAL OFFICER: Nield DCJ

LOWER COURT DATE OF DECISION: 01/09/2005

IN THE COURT OF CRIMINAL APPEAL 2005/00004715

McCLELLAN CJ AT CL HIDDEN J HOWIE J

MONDAY 14 JULY 2008 ALI OSMAN v R Judgment 1 McCLELLAN CJ AT CL: I agree with Howie J. 2 HIDDEN J: I agree with the orders proposed by Howie J and, subject to two comments, with his Honour's reasons. 3 I find it unnecessary to determine whether the fact that the applicant's medical problems were present at the time of his offending is relevant to their bearing on sentence. It is sufficient to say that the learned sentencing judge took his medical condition into account appropriately. Nor do I find it necessary to comment upon the reasoning of Fitzgerald J A in Christie. The present case does not call for a re-examination of what his Honour had to say in that decision, and I express no view about it.