R v Kazzi [2008] NSWCCA 77

New South Wales Court of Criminal Appeal

CITATION: R v Kazzi [2008] NSWCCA 77 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 28 March 2008

JUDGMENT DATE: 21 April 2008

JUDGMENT OF: Mason P at [1]; James J at [2]; Hoeben J at [69]

DECISION: Crown appeal allowed. Respondent re-sentenced.

CATCHWORDS: CRIMINAL LAW — Crown appeal against sentence — drug offences — manifestly inadequate sentences

Crimes (Sentencing Procedure) Act LEGISLATION CITED: Criminal Appeal Act Drug Misuse and Trafficking Act

Markarian v R (2005) 79 ALJR 1048 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 R v Wall (2002) NSWCCA 42 R v Way (2004) 60 NSWLR 168

PARTIES: R v John Kazzi

FILE NUMBER(S): CCA 2007/5250

COUNSEL: LK Wells (Crown) DG Dalton SC (Respondent)

SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions S O'Connor - Legal Aid Commission

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0624

LOWER COURT JUDICIAL OFFICER: Williams DCJ

LOWER COURT DATE OF DECISION: 19 October 2007

IN THE COURT OF CRIMINAL APPEAL 2007/5250

MASON P JAMES J HOEBEN J

MONDAY 21 APRIL 2008 R v KAZZI, John Judgment 1 MASON P: I agree with James J. 2 JAMES J: The Crown appealed pursuant to s 5D of the Criminal Appeal Act against sentences imposed on the respondent John Kazzi in the District Court on 19 October 2007 by his Honour Judge Williams for offences to which the respondent had pleaded guilty. 3 The offences for which the respondent was sentenced and the sentences which were imposed were as follows:- Description of offence Sentence 1 Supply prohibited drug — cocaine — 196 gms Fixed term of imprisonment of 18 months to date from 23 February 2006 2 Supply commercial quantity of prohibited drug — methylamphetamine 338 gms Head sentence 5 years non-parole period 3 years to date from 23 February 2007 3 Supply prohibited drug — cocaine — 196 gms Fixed term of imprisonment of 18 months to date from 23 February 2006 4 Supply large commercial quantity of prohibited drug — cocaine — 2 kgs Head sentence 6 years non-parole period 4 years to date from 23 February 2008 5 Supply large commercial quantity of prohibited drug — methylamphetamine 2.892 kgs Head sentence 6 years non-parole period 4 years to date from 23 February 2008 6 Supply prohibited drug — cocaine — 139.7 gms Fixed term of imprisonment of 18 months to date from 23 February 2006 7 Supply commercial quantity of prohibited drug — cocaine — 990 gms Head sentence 5 years non-parole period 3 years to date from 23 February 2007