Noufl v R [2020] NSWCCA 10

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Noufl v R [2020] NSWCCA 10 Hearing dates: 27 November 2019 Decision date: 12 February 2020 Before: Hoeben CJ at CL R A Hulme J Button J Decision: (1) Leave to appeal granted. (2) Appeal against sentence allowed. (3) The sentences imposed by Judge Maiden SC on 12 July 2018 are quashed. (4) In substitution, on count two the applicant is sentenced to a sentence of imprisonment for one year six months, to commence on 12 February 2020. (5) On count one, the applicant is sentenced to a sentence of imprisonment for one year nine months, to commence on 12 May 2020. (6) Each of those sentences is to be served by way of an intensive correction order. (7) The conditions of each intensive correction order are as follows: (a) the applicant must not commit any offence; (b) the applicant must submit to supervision by a community corrections officer; and (c) the applicant must receive treatment with regard to any issue with regard to prohibited drugs at the reasonable discretion of his community corrections officer. Catchwords: CRIME – APPEALS – application for leave to appeal against sentence – two counts of supplying a prohibited drug – whether sentencing judge found aggravating factor of personal gain contrary to evidence – whether cumulation of sentences unavailable – whether subjective factors inadequately reflected in sentences of full-time custody – whether sentences manifestly excessive – whether erroneous disparity demonstrated – consideration of effect of erroneously generous backdate – parity ground upheld – applicant resentenced – sentences to be served by way of intensive correction orders Legislation Cited: Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1986 (NSW) Cases Cited: Cahyadi v R [2007] NSWCCA 1 Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462 Haydon v R [2012] NSWCCA 151 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 R v Ilbay [2000] NSWCCA 251 R v Kollas and Mitchell [2002] NSWCCA 491 R v Parente [2017] NSWCCA 284; (2017) 96 NSWLR 633 R v Zamagias [2002] NSWCCA 17 Category: Principal judgment Parties: Mohammed Noufl (Applicant) Regina (Crown) Representation: Counsel: J Ghabrial (Applicant) D Patch (Crown)