Sleiman v R [2012] NSWCCA 58

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sleiman v R [2012] NSWCCA 58 Hearing dates: 20/03/12 Decision date: 11 April 2012 Before: McClellan CJ at CL at 1; Davies J at 2; Garling J at 3 Decision: (1) Grant leave to appeal. (2) Quash the sentence imposed by Charteris DCJ on 14 April 2011. (3) In lieu thereof, sentence the applicant to a term of imprisonment without parole of 2 years and 6 months to commence on 23 June 2010 and to conclude on 22 December 2012. (4) Sentence the applicant to a balance of term of 1 year and 3 months to conclude on 22 March 2014. Catchwords: CRIMINAL LAW - application for leave to appeal against severity of sentence - Methylamphetamine supply offence at low end of indictable range - Extensive history of illicit substance abuse - Escalated after disappearance of brother - Drug dealer conduct to support habit - Discount for early plea of guilty and assistance to authorities - Close family support - Error in finding applicant on conditional liberty when offended - Finding aggravated sentence imposed - Applicant currently abstinent from drugs and alcohol for eight months - Undertaking programs for continued reform - Sentence reduced - No point of principle Legislation Cited: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Category: Sentence Parties: Omar Sleiman Regina Representation: D Carroll (applicant) T Smith (respondent) Legal Aid commission (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): CCA 2010/157127 Publication restriction: Nil Decision under appeal Date of Decision: 2011-04-14 00:00:00 Before: Charteris DCJ File Number(s): 2010/157127