REGINA v Fadde ASSAAD [2009] NSWCCA 182

New South Wales Court of Criminal Appeal

CITATION: REGINA v Fadde ASSAAD [2009] NSWCCA 182

HEARING DATE(S): 26 June 2009

JUDGMENT DATE: 14 July 2009

JUDGMENT OF: McClellan CJatCL at 1; Hidden J at 6; McCallum J at 7

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW - Crown appeal against inadequacy of sentence - drug addiction at time of commission of offences - whether sentences inadequate having regard to Henry guideline judgment - sentences manifestly inadequate - residual discretion not to interfere with sentences imposed - steps taken by offender towards rehabilitation and delay between offences and sentencing warranting exercise of the discretion.

LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912

CATEGORY: Principal judgment

Douar v R (2005) 159 A Crim R 154 Legge v R [2007] NSWCCA 244 R v Blackman and Walters [2001] NSWCCA 121 CASES CITED : R v Henry & Ors (1999) 46 NSWLR 346 R v Hernando (2002) 136 A Crim R 451 R v Zamagias [2002] NSWCCA 187 Yardley v Betts (1979) 22 SASR 108

PARTIES: REGINA (Applicant) Fadde ASSAAD (Respondent)

FILE NUMBER(S): CCA 2008/12244; 2008/3845

COUNSEL: P Miller (Applicant) N Steel (Respondent)

SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) (Applicant) Kiki Kyriacou Lawyers (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2008/11/1465; 2008/11/1466

LOWER COURT JUDICIAL OFFICER: Armitage ADCJ

LOWER COURT DATE OF DECISION: 17 April 2009

- 14 - IN THE COURT OF CRIMINAL APPEAL 2008/3845 2008/12244