Youssef v Regina [2014] NSWCCA 285

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Youssef v Regina [2014] NSWCCA 285 Hearing dates: 20 November 2014 Decision date: 28 November 2014 Before: Simpson J at [1] Price J at [2] McCallum J at [6] Decision: Leave to appeal granted; appeal allowed; sentence passed at first instance quashed and in substitution therefor applicant sentenced to a term of imprisonment with a non-parole period of 7 months commencing on 1 May 2014 and expiring on 30 November 2014 and a balance of term of 5 months expiring on 30 April 2015; parole order made. Catchwords: CRIMINAL LAW - appeal - appeal against sentence - possession of prohibited drug for supply - whether sentencing judge erred in determining that the applicant was substantially involved in supply - whether sentencing judge erred in failing to make a finding that the applicant was unlikely to reoffend - whether sentencing judge failed to give sufficient weight to the applicant's subjective features - whether the sentence imposed was unduly harsh and severe - discretion of the Court of Criminal Appeal - principles stated in Kentwell v R Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Cases Cited: Hili v R; Jones v R [2010] HCA 45; (2010) 242 CLR 520 House v The King [1936] HCA 40; (1936) 55 CLR 499 Kentwell v R [2014] HCA 37; (2014) 313 ALR 451 R v Osenkowski (1982) 30 SASR 212; 5 A Crim R 394 R v Bardo (Supreme Court of New South Wales, Court of Criminal Appeal, 14 July 1992, unreported) R v Peter Michael Clark (Supreme Court of New South Wales, Court of Criminal Appeal, 15 March 1990, unreported) Category: Principal judgment Parties: Milad Youssef (Applicant)Regina (Respondent) Representation: Counsel: Ramage QC (Applicant)Girdham SC (Crown) Solicitors: Andrew Solicitors (Applicant)Solicitor for Public Prosecutions (Crown) File Number(s): 2013/270259 Publication restriction: None Decision under appeal Date of Decision: 2014-05-01 00:00:00 Before: King DCJ File Number(s): 2013/270259