Maroun Younes v R [2012] NSWCCA 259

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Maroun Younes v R [2012] NSWCCA 259 Hearing dates: 26 September 2012 Decision date: 05 December 2012 Before: McClellan CJ at CL at [1] Hidden J at [2] Adamson J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. (3) Pursuant to s 50 of the Crimes (Sentencing Procedure) Act 1999, direct the release of the applicant to parole on the expiration of the non-parole period on 16 January 2013. Catchwords: CRIMINAL LAW - appeal against sentence - accumulation - special circumstances - whether the trial judge's accumulation of sentences gave practical effect to a finding of special circumstances - whether the sentencing judge failed to consider the principle of totality in considering the degree of accumulation Legislation Cited: - Crimes (Sentencing Procedure) Act 1999 - Drug Misuse and Trafficking Act 1985 Cases Cited: - Callaghan v R [2006] NSWCCA 111 - Edwards v R [2009] NSWCCA 199 Category: Principal judgment Parties: Maroun Younes (Applicant) Regina (Respondent) Representation: Counsel: A Francis (Applicant) P Ingram (Respondent) Solicitors: Hardin Law (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/239689 Publication restriction: None Decision under appeal Date of Decision: 2011-02-18 00:00:00 Before: Colefax DCJ File Number(s): 2009/239689