Director of Public Prosecutions (Cth) v Blackman Director of Public Prosecutions (Cth) v Jomaa [2014] NSWCCA 90

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (Cth) v Blackman Director of Public Prosecutions (Cth) v Jomaa [2014] NSWCCA 90 Hearing dates: 17 April 2014 Decision date: 27 May 2014 Before: Beazley P at [1] RA Hulme J at [2] Bellew J at [3] Decision: In each case, the Crown appeal is dismissed. Catchwords: CRIMINAL LAW - appeal - Crown appeal against asserted manifest inadequacy of sentences imposed following pleas of guilty to offences of attempting to possess a commercial quantity of cocaine - where Crown did not assert error of principle - where Crown did not assert error in findings of the sentencing judge - where Crown relied upon maximum penalty, weight of drug, role of the offenders and sentences imposed in other cases in support of asserted manifest inadequacy - manifest inadequacy not made out - appeal dismissed in each case

CRIMINAL LAW - appeal - Crown appeal against asserted manifest inadequacy of sentences imposed following pleas of guilty of offences of attempting to possess a commercial quantity of cocaine - where Crown asserted that discount for assistance was manifestly excessive - where amount of discount generally consistent with the finding of the sentencing judge as to the value of assistance - manifestly excessive discount not established Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Cases Cited: DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 El-Ghourani v R [2009] NSWCCA 140; (2009) 195 A Crim R 208 Everett v R (1994) 181 CLR 295; Garcia v R [2013] NSWCCA 241 Griffiths v R (1977) 137 CLR 293 Markarian v R (2005) 228 CLR 357 R v Considine [2013] NSWCCA 97 R v Hong; R v Lee [2012] NSWDC 267 R v Karan [2013] NSWCCA 53 R v Nguyen and Pham (2010) 205 A Crim R 106; [2010] NSWCCA 238 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270 R v Tran and ors [2013] NSWCCA 136 Category: Principal judgment Parties: Regina - Appellant Brian Blackman - Respondent Regina - Appellant Mohamad Jomaa - Respondent Representation: Counsel: Ms P McDonald SC - Appellant Mr D Stewart - Respondent Blackman Mr T Game SC and Ms K Edwards - Respondent Jomaa Solicitors: Commonwealth Director of Public Prosecutions - Appellant Legal Aid New South Wales - Respondent Blackman Criminal Defence Group - Respondent Jomaa File Number(s): 2010 / 315937 2010 / 315977 Publication restriction: Nil Decision under appeal Date of Decision: 2013-08-20 00:00:00 Before: Acting Judge Phegan