Abdul-Hamid v R [2016] NSWCCA 118

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Abdul-Hamid v R [2016] NSWCCA 118 Hearing dates: 18 May 2016 Decision date: 21 June 2016 Before: Basten JA at [1] Schmidt J at [2] Wilson J at [3] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW – appeal against sentence – knowingly take part in the supply of a prohibited drug – question of objective gravity of offence – asserted error in fact finding at sentence following trial – question of applicant's knowledge of quantity of prohibited drug – question of his role compared to that of a co-offender Legislation Cited: Criminal Procedure Act 1986 (NSW), s 16(1) Drug Misuse and Trafficking Act 1985 (NSW), ss 25(1), 29 Evidence Act 1995 (NSW), s 38 Cases Cited: DPP (NSW) v Knight [2006] NSWSC 646; (2006) 162 A Crim R 555 Mulato v R [2006] NSWCCA 282 R v Dossi (1918) 13 Cr App R 158 R v Isaacs (1997) 41 NSWLR 374 R v VHP (1997) 4 Crim LN 44 Category: Principal judgment Parties: Feras Abdul-Hamid (Applicant) Crown (Respondent) Representation: Counsel: Mr P Lange (Applicant) Mr H Baker (Respondent)

Solicitors: Lawyerscorp (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/00256546 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 5 June 2015 Before: Arnott SC DCJ File Number(s): 2013/00256546