Mezher v R [2019] NSWCCA 76

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mezher v R [2019] NSWCCA 76 Hearing dates: 20 February 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Before: Hoeben CJ at CL at [1]; Price J at [2]; Adamson J at [121] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) The sentence imposed in the District Court of New South Wales on 11 May 2018 for Counts 1, 2 and 3 is quashed. (4) For Counts 1, 2 and 3, the applicant is sentenced to a term of imprisonment of 11 years 4 months commencing 26 January 2017 and expiring on 25 May 2028 with a non-parole period of 7 years 6 months expiring on 25 July 2024. (5) The earliest date the applicant will be eligible to be released on parole is 25 July 2024. Catchwords: CRIME – appeal against sentence – supply of a large commercial quantity of a prohibited drug – sentencing judge informed of incorrect quantity of bromo – whether error in having regard to uncharged conduct – whether error in finding applicant was making a profit – re-sentence – assessment of objective seriousness of drug supply offences – mental health – whether amelioration of general deterrence warranted Legislation Cited: Crimes Act 1900 (NSW), ss, 93T, 319 Crimes (Sentencing Procedure) Act 1999 (NSW), s, 21A Drug Misuse and Trafficking Act 1985 (NSW), s, 25 Cases Cited: Aslan v R [2014] NSWCCA 114 Assam v R [2019] NSWCCA 12 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Jaafar v R [2017] NSWCCA 223 Kelly v R [2018] NSWCCA 44 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lago v R [2015] NSWCCA 296 Melikian v R [2008] NSWCCA 156 Murray v R [2017] NSWCCA 262 Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 Pham v R [2013] NSWCCA 217 Category: Principal judgment Parties: Tony Mezher (Applicant) Regina (Respondent) Representation: Counsel: Mr H Dhanji SC (Applicant) Ms H Roberts (Respondent)