NSW Caselaw
Reported Decision: 195 A Crim R 208
New South Wales Court of Criminal Appeal
CITATION: El-Ghourani v R [2009] NSWCCA 140
HEARING DATE(S): 5 May 2009
JUDGMENT DATE: 7 May 2009
JUDGMENT OF: Spigelman CJ at 1; James J at 46; Simpson J at 47
DECISION: 1 Leave to appeal granted. 2 Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – sentence – relevant factors – nature and circumstances of offence – need to focus on particular charge – role of offender relevant to sentence for possession charge. - CRIMINAL LAW - sentence - role of Judicial Commission statistics.
LEGISLATION CITED: Customs Act 1901 (Cth) Criminal Code Act 1995 (Cth)
The Queen v De Simoni (1981) 147 CLR 383; 5 A Crim R 329 The Queen v Olbrich (1999) 199 CLR 270; 108 A Crim R 464 R v Bloomfield (1998) 44 NSWLR 734 CASES CITED : R v Bousehjin [2003] NSWCCA 86; (2003) 140 A Crim R 310 R v Ferrer-Esis (1991) 55 A Crim R 231 R v Guiu [2002] NSWCCA 181; (2002) 129 A Crim R 387 R v Laurentiu & Becheru (1992) 63 A Crim R 402 R v Lawless (Court of Criminal Appeal, 24 June 1994, unreported)
PARTIES: Bilal Khodr El-Ghourani (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/00014913003
COUNSEL: A C Haesler SC (Applicant) W Abraham QC (Respondent)
SOLICITORS: Nedim Lawyers (Applicant) Commonwealth Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2006/11/0851
LOWER COURT JUDICIAL OFFICER: Ainslie-Wallace DCJ
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