Pak v R [2015] NSWCCA 45

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pak v R [2015] NSWCCA 45 Hearing dates: 23 March 2015 Date of orders: 27 March 2015 Decision date: 27 March 2015 Before: R A Hulme J at [1] Davies J at [2] Bellew J at [44] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – sentencing – supply of prohibited drugs – two offences - whether applicant involved in trafficking to a substantial degree – decision based not solely on quantity of drugs but other indicia of supply – whether decision open to sentencing judge – whether sentence manifestly excessive – no exceptional circumstances where finding of trafficking to a substantial degree - sentences entirely concurrent – appeal dismissed Cases Cited: House v The King (1936) 55 CLR 499 Kendall v R [2015] NSWCCA 13 R v Gu [2006] NSWCCA 104 Youssef v R [2014] NSWCCA 285 Category: Principal judgment Parties: Mohammad Baghir Haidari Pak (Applicant) Crown (Respondent) Representation: Counsel: M Avenall (Applicant) N Williams (Crown)

Solicitors: Legal Aid of NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2012/287362 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 24 July 2014 Before: Lerve DCJ File Number(s): 2012/287362