Ibrahim Jidah v R [2014] NSWCCA 269

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ibrahim Jidah v R [2014] NSWCCA 269 Hearing dates: 10 and 11 April 2014 Decision date: 28 November 2014 Before: Bathurst CJ; Fullerton J; Davies J Decision: 1.Appeal against conviction dismissed. 2.Grant leave to appeal against sentence. 3.The sentence imposed in the District Court on 23 September 2011 on Count 6 on the indictment is quashed. 4.In lieu thereof, a sentence of imprisonment of 12 years and 6 months is imposed, commencing on 27 April 2010 and expiring on 26 October 2022, comprising a non-parole period of 8 years and 6 months and an additional term of 4 years. 5.The appellant will become eligible for release on parole upon the expiration of the non-parole period on 26 October 2018. Catchwords: CRIMINAL - appeal - conviction - whether the elements for offence of supplying prohibited drug were contained in offence of possessing precursor where precursor and prohibited drug the same CRIMINAL - appeal - sentence - whether interrelated nature of supply and possession offences considered in determining objective seriousness of supply offence CRIMINAL - appeal - sentence - fact finding of sentencing judge - whether reasonable for judge to infer appellant's knowledge of size of drug enterprise

CRIMINAL - appeal - sentence - Muldrock error - conceded by Crown CRIMINAL - appeal - sentence - parity - need to re-sentence to ensure relativity of appellant's role is reflected where co-offenders more senior in drug enterprise were resentenced Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6 Crimes (Sentencing Procedure) Act 1999 (NSW), Part 4 Div 1A Drug Misuse and Trafficking Act 1983 (NSW), ss 3, 24A, 25, 33, 33AB and Sch 1 Cases Cited: Crystal Lee England v R [2009] NSWCCA 274 DS v R [2014] NSWCCA 267 Gill v R [2010] NSWCCA 236 Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462 Lachlan Wilson v R [2014] NSWCCA 266 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Yousef Jidah v R [2014] NSWCCA 270 Category: Principal judgment Parties: Ibrahim Jidah (Appellant) Crown (Respondent) Representation: Counsel: I S McLachlan (Appellant) I D Bourke / M England (Crown) Solicitors: William O'Brien & Ross Hudson (Appellant) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2008/76940 Decision under appeal Before: Frearson SC DCJ File Number(s): 2008/76940