Assam v R [2019] NSWCCA 12

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Assam v R [2019] NSWCCA 12 Hearing dates: 17 October 2018 Decision date: 15 February 2019 Before: Bathurst CJ at [1]; Hoeben CJ at CL at [2]; Price J at [158] Decision: (1) Leave to appeal against sentence granted. (2) The sentence imposed on Lyle Assam on 17 November 2017 is quashed and in lieu thereof, Assam is sentenced to imprisonment with a non-parole period of 6 years and 9 months, commencing 25 May 2016 and expiring 24 February 2023, with a balance of term of 3 years expiring 24 February 2026. Catchwords: CRIMINAL LAW – sentence appeal – pleas of guilty to two counts of supply a large commercial quantity of a prohibited drug – two counts of supplying a commercial quantity of a prohibited drug – two counts of supplying an indictable quantity of a prohibited drug – one count of recklessly deal with the proceeds of crime ($83,725) – use of undercover operative by police – applicant aged 27 with no previous criminal record – primary motivation greed – whether evidence supported finding by judge that applicant was a "highly trusted upper echelon participant" – whether parity principle observed – whether applicant had a legitimate sense of grievance having regard to the sentence imposed on Azhar Abdul – parity ground of appeal made out – appeal allowed – applicant re-sentenced. Legislation Cited: Crimes Act 1900 (NSW) – s 193B Drug Misuse and Trafficking Act 1985 (NSW) – s 25 Poisons and Therapeutic Goods Act 1966 (NSW) – s 16 Cases Cited: AB v R [2014] NSWCCA 339 Aoun v R [2011] NSWCCA 284 Fenech v R [2018] NSWCCA 160 GAS v The Queen [2004] HCA 22; 217 CLR 198 Leslie v R [2009] NSWCCA 203 R v Mills [2005] NSWCCA 175; (2005) 154 A Crim R 40 Wat v R [2017] NSWCCA 62 Category: Principal judgment Parties: Lyle Assam – Applicant Regina – Respondent Crown Representation: Counsel: T Game SC/A Chhabra – Applicant B Hatfield – Respondent Crown