Younan v R [2012] NSWCCA 155

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Younan v R [2012] NSWCCA 155 Hearing dates: 10 July 2012 Decision date: 18 July 2012 Before: Hoeben JA Latham J Garling J Decision: Leave to appeal allowed Appeal dismissed Catchwords: CRIMINAL LAW - appeal against sentence - importing a marketable quantity of heroin s 307.2 (1) of the Criminal Code (Cth) - whether trial judge erred in application of Ellis discount - whether trial judge erred in failing to find applicant was remorseful - whether sentence was manifestly excessive -- undue weight was not placed on general deterrence - no scope for finding remorse after conviction at trial - sentence imposed was at the very bottom of the range - appeal dismissed Legislation Cited: Crimes Act (Cth) 1990 Cases Cited: R v Ellis (1986) 6 NSWLR 603 R v Borkowski [2009] NSWCCA 102 Raad v R [2011] NSWCCA 138 R v Rushby [1977] 1 NSWLR 594 Category: Principal judgment Parties: Aram Younan - Applicant Regina - Respondent Representation: Counsel M Smith - Applicant CP O'Donnell - Respondent Solicitors CrimLaw (NSW) Pty Ltd - Applicant Commonwealth Director of Public Prosecutions - Respondent File Number(s): 2009/58589 Decision under appeal Date of Decision: 2010-11-17 00:00:00 Before: Flannery SC DCJ File Number(s): 2009/0058589004