Kassis v R [2013] NSWCCA 298

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kassis v R [2013] NSWCCA 298 Hearing dates: 26 November 2013 Decision date: 28 November 2013 Before: Hoeben CJ at CL at [1] Blanch J at [2] Price J at [22] Decision: Leave granted to appeal

Appeal dismissed Catchwords: CRIMINAL LAW - sentencing - Drug Misuse and Trafficking Act 1985 - failure to specify discount for plea of guilty Legislation Cited: Drug Misuse and Trafficking Act 1985 Crimes Act 1900 Poisons and Therapeutic Goods Act 1966 Criminal Appeal Act 1912 Cases Cited: R v Thomson and Houlton (2000) 49 NSWLR 383 R v Lawrence [2005] NSWCCA 91 Category: Principal judgment Parties: David Michael Kassis (Applicant) Crown (Respondent) Representation: Counsel: P Boulten SC (Applicant) S Dowling SC (Respondent

Solicitors: McGrath, Dicembre & Company )Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/89030 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Citation: R v David Michael Kassis Date of Decision: 08 February 2013 Before: Her Honour Judge Hock File Number(s): 2012/89030

JUDGMENT 1. HOEBEN CJ at CL: I agree with Blanch J and the order which he proposes. 2. BLANCH J: The applicant seeks leave to appeal against sentences imposed in the District Court on 8 February 2013. On 1 February 2013 he confirmed his pleas of guilty made in the Local Court to two counts: Count 1: Supply prohibited drug (24.6 grams of cocaine) on 15 March 2012 contrary to s 25(1) Drug Misuse and Trafficking Act 1985 which carries a maximum penalty of 15 years imprisonment. Count 2: Supply large commercial quantity of prohibited drug (997.5 grams of ecstasy) on 15 March 2012 contrary to s 25(2) Drug Misuse and Trafficking Act 1985 which carries a maximum penalty of life and a standard non-parole period of 15 years. 1. When being sentenced on Count 2 he asked for two matters to be taken into account on the Form 1. The first was Dealing with suspected proceeds of crime ($32,000 in cash) between 15 March 2012 and 20 March 2012 contrary to s 193C(2) Crimes Act 1900 which carries a maximum penalty of two years imprisonment. The second offence was Possess prohibited restricted substance (22 tablets of Theophylline) on 15 March 2012 contrary to s 16(1) Poisons and Therapeutic Goods Act 1966 which carries a maximum penalty of 6 months imprisonment. 2. On Count 1 he was sentenced to a fixed term of 15 months imprisonment to commence on 20 March 2012 and expiring on 15 June 2013. 3. On Count 2 he was sentenced to 8 years 6 months commencing 20 September 2012 and expiring on 19 March 2021. A non-parole period was specified of 5 years from 20 September 2012 and expiring on 19 September 2017. 4. The total sentence was thus one of 9 years imprisonment from 20 March 2012 with a non-parole period of 5 years and 6 months. 5. The ground of appeal argued is "Her Honour erred by failing to properly take into account the applicant's plea of guilty."