Youkhana, Jerome v R [2011] NSWCCA 37

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Youkhana, Jerome v R [2011] NSWCCA 37 Hearing dates: 15 February 2011 Decision date: 10 March 2011 Before: Beazley JA at 1 Hidden J at 2 R A Hulme J at 3 Decision: Leave to appeal granted. Appeal allowed. Confirm the sentences for the offences of supplying an indictable quantity of a prohibited drug and of supplying a prohibited drug on an ongoing basis. Quash the sentence imposed for the offence of supplying a commercial quantity of a prohibited drug and in lieu, sentence the applicant to imprisonment with a non-parole period of 2 years 6 months and a balance of the term of the sentence of 3 years. The sentence is to date from 2 October 2009. The applicant will be eligible for release on parole upon the expiration of the non-parole period on 1 April 2012. The total term of the sentence is to expire on 1 April 2015. Catchwords: CRIMINAL LAW - appeal and new trial - appeal against sentence - grounds for interference - parity between co-offenders - inadequate sentence imposed upon co-offender - limited interference warranted Legislation Cited: Drug Misuse and Trafficking Act 1985 Cases Cited: Gill v R [2010] NSWCCA 236 Lewins v R [2007] NSWCCA 189 Lowe v The Queen [1984] HCA 46; (1984) 154 CLR 606 McKibben v R [2007] NSWCCA 89 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 R v Bloomfield (1998) 44 NSWLR 734 R v Henry & Ors [1999] NSWCCA 111; (1999) 46 NSWLR 346 R v Kairouz [2005] NSWCCA 247 R v Kollas & Mitchell [2002] NSWCCA 491 Regina v Pan [2005] NSWCCA 114 Truong v R [2009] NSWCCA 122; (2009) 195 A Crim R 192 Vu v R [2006] NSWCCA 188 Wilson v R [2008] NSWCCA 245 Wong v The Queen; Leung v The Queen [2001] HCA 64; (2001) 207 CLR 584 Category: Principal judgment Parties: Jerome Youkhana (Applicant) Regina (Respondent) Representation: Counsel: Mr K H Averre (Applicant) Ms J A Girdham (Respondent) Solicitors: Legal Aid Commission Solicitor for Public Prosecutions File Number(s): 2009/10674 Decision under appeal Date of Decision: 2009-12-21 00:00:00 Before: Toner DCJ File Number(s): 2009/10674