El-Sayed v R [2018] NSWCCA 250

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: El-Sayed v R [2018] NSWCCA 250 Hearing dates: 3 August 2018 Date of orders: 09 November 2018 Decision date: 09 November 2018 Before: Basten JA at [1]; R A Hulme J at [2]; Hamill J at [56] Decision: 1. Leave to appeal granted. 2. Appeal against sentence allowed. 3. Quash the sentences imposed in the District Court on 17 June 2016 for the two offences of supplying a prohibited drug in not less than a commercial quantity. 4. In lieu, sentence the offender to an aggregate term of imprisonment for 7 years and 6 months with a non-parole period of 4 years 6 months. The sentence is to date from 1 December 2015. The non-parole period will expire on 30 May 2020 whereupon the offender will become eligible for release on parole. Catchwords: CRIME – sentence appeal – supply commercial quantity of prohibited drug – sentenced to 10 years imprisonment with 5 year non-parole period – offender with history of drug supply convictions – contended that assessment of objective seriousness in midrange was erroneous – ground lacks merit– whether sentence manifestly excessive – starting point before 25 per cent discount of 13 years 4 months erroneously excessive Legislation Cited: Crimes Act 1900 (NSW) ss 193C(2), 527C Crimes (Sentencing Procedure) Act 1999 (NSW) ss 10A, 53A Criminal Procedure Act 1986 (NSW) s 166 Drug Misuse and Trafficking Act 1985 (NSW) Sch 1, ss 25(1), 25(2) Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Carroll v The Queen [2009] HCA 13; (2009) 83 ALJR 579 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Mulato v R [2006] NSWCCA 282 Obeid v R [2017] NSWCCA 221; (2017) 350 ALR 103 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 Category: Principal judgment Parties: Ramy El-Sayed (Applicant) Regina (Respondent) Representation: Counsel: Mr I McLachlan (Applicant) Ms A Mitchelmore (Crown)