Yousef Jidah v R [2014] NSWCCA 270

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Yousef Jidah v R [2014] NSWCCA 270 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 8 on the indictment is quashed. 4.In lieu thereof, a sentence of imprisonment of 10 years is imposed, commencing on 11 May 2010 and expiring on 10 May 2020, comprising a non-parole period of 6 years 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 10 May 2016. 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 - whether indictment gives rise to plea in bar or abuse of process or one conviction must be quashed to avoid double punishment as whole of criminality is encompassed in one offence - whether plea in bar exists requires consideration of what elements must be proved not what evidence might be called - supply offence had additional element of a commercial quantity - theoretically possible to know drug is precursor but not prohibited drug - laying of charges could not be abuse of process were offences different in important respects - charges reflect whole criminality of accused

CRIMINAL - appeal - sentence - whether interrelated nature of supply and possession offences considered in determining objective seriousness of supply offence - whether in assessing objective criminality trial judge was obliged to find appellant only in possession of drug for purposes of supply - relevance of Crown case at trial