Chamoun v R [2019] NSWCCA 169

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chamoun v R [2019] NSWCCA 169 Hearing dates: 26 June 2019 Date of orders: 26 July 2019 Decision date: 26 July 2019 Before: Gleeson JA at [1] Harrison J at [2] Adams J at [34] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – sentence appeal – where applicant convicted of supplying a commercial quantity of prohibited drug – where applicant sentenced to imprisonment for 3 years with a non-parole period of 18 months – whether sentencing judge erred in assessing the role of the applicant in the offence – whether sentencing judge erred in not concluding that delay in entering guilty plea was caused by factors outside of legal representative's control – whether sentencing judge erred in only reducing the sentence by 10 per cent for guilty plea Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 32 Crimes Act 1900 (NSW), ss 93T(1), 193B(3) Criminal Appeal Act 1912 (NSW), s 5(1)(c) Criminal Assets Recovery Act 1990 (NSW), ss 10A, 10B(3)(B) Cases Cited: Mulato v R [2006] NSWCCA 282 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 Category: Principal judgment Parties: Sam Chamoun (Applicant) Crown (Respondent) Representation: Counsel: K Ratcliffe (Respondent)

Solicitors: Pryor Tzannes & Wallis (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2012/76499 Publication restriction: Nil Decision under appeal Court or tribunal: District Court at Newcastle Jurisdiction: Criminal Date of Decision: 9 August 2018 Before: Hock DCJ