Nausad HUSSAIN v R, Faeem ALI v R [2010] NSWCCA 184

New South Wales Court of Criminal Appeal

CITATION: Nausad HUSSAIN v R, Faeem ALI v R [2010] NSWCCA 184

HEARING DATE(S): 09/08/2010

JUDGMENT DATE: 19 August 2010

JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Davies J at 79

DECISION: In each appeal against sentence, leave to appeal is granted but the appeal is dismissed.

CATCHWORDS:

LEGISLATION CITED: Crimes Act 1900 - ss 61, 86(1), 111(2), 112(2) Crimes (Sentencing Procedure) Act 1999 - Div 1A Part 4, ss 5, 21A(3), 21A(3)(c), 44(2)

CATEGORY: Principal judgment

Rv A [2004] NSWCCA 292 R v Zamagias [2002] NSWCCA 17 CASES CITED : R v Palu (2002) 134 A Crim R 174 Majid v R [2010] NSWCCA 121 R v Edwards (1996) 90 A Crim R 510 R v Girard [2004] NSWCCA 170

Nausad Hussain PARTIES: Faeem Ali Regina

FILE NUMBER(S): CCA 2009/9989; 2009/9869

COUNSEL: M Shaw - Applicants N J Gouda - Crown

SOLICITORS: V K Solicitors & Associates -Applicants S Kavanagh - Crown

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2009/9989; 2009/9869

LOWER COURT JUDICIAL OFFICER: Keleman DCJ

LOWER COURT DATE OF DECISION: 17/12/2009

IN THE COURT OF CRIMINAL APPEAL 2009/9989 2009/9869

McCLELLAN CJ AT CL JAMES J DAVIES J

THURSDAY 19 AUGUST 2010 Nausad HUSSAIN v REGINA Faeem ALI v REGINA Judgment 1 McCLELLAN CJ at CL: I agree with James J. 2 JAMES J: Nausad Hussain and Faeem Ali applied for leave to appeal against sentences imposed on them in the District Court on 17 December 2009 by his Honour Judge Keleman for offences to which they had pleaded guilty. 3 The sentences imposed on Nausad Hussain were:-