Halac v R [2015] NSWCCA 121

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Halac v R [2015] NSWCCA 121 Hearing dates: 22 April 2015 Date of orders: 01 June 2015 Decision date: 01 June 2015 Before: Hoeben CJ at CL at [1] Hall J at [2] Garling J at [3] Decision: (1)Leave to appeal granted. (2)Appeal dismissed. Catchwords: CRIMINAL LAW – appeal – sentence – whether judge erred in taking into account quantity of drugs located after applicant's arrest – CRIMINAL LAW – appeal – sentence – whether judge erred in assessing applicant's role in drug syndicate – parity – whether error in assessment of applicant's role compared to other members in syndicate – CRIMINAL LAW – appeal – sentence – whether error in rejecting statement made by applicant to expert – no sworn evidence of applicant – limited weight given to untested, self-serving statements made to experts Legislation Cited: Criminal Code (Cth) Cases Cited: House v R [1936] HCA 40; (1936) 55 CLR 499 Mulato v R [2006] NSWCCA 282 R v KB [2011] NSWCCA 190 R v Qutami [2001] NSWCCA 353 Texts Cited: Not Applicable Category: Principal judgment Parties: The Queen Sven Halac (Offender) Representation: Counsel: DG Staehli SC(Crown) W Abraham QC (Offender)

Solicitors: Crown Solicitor's Office Commonwealth Director of Public Prosecutions (Offender) File Number(s): 2011/131602 Publication restriction: Not Applicable Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 21 February 2014 Before: Hock DCJ File Number(s): 2011/131602