Ghalbouni v R [2020] NSWCCA 21

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ghalbouni v R [2020] NSWCCA 21 Hearing dates: 9 December 2019 Date of orders: 21 February 2020 Decision date: 21 February 2020 Before: Macfarlan JA at [1]; Davies J at [2]; Hidden AJ at [3] Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. Sentence in the District Court quashed. 4. Applicant resentenced to aggregate term of 2 years imprisonment commencing on 21 February 2020, to be served as an intensive correction order. Catchwords: CRIMINAL LAW – sentence appeal – ongoing supply of cocaine, dealing with the proceeds of crime – pleas of guilty – in respect of each count further offences taken into account on a Form 1 – one of the offences taken into account not established on the agreed facts – on each count one of the offences taken into account was on the Form 1 referable to the other count Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Abbas & Ors v R [2013] NSWCCA 115; (2013) 231 A Crim R 413 Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 C-P v R [2009] NSWCCA 291 Cullen v R [2014] NSWCCA 162 Doumit v R [2011] NSWCCA 134 R v Boag (1994) 73 A Crim R 35 R v Felton [2002] NSWCCA 443; (2002) 135 A Crim R 328 R v Janceski (2005) 64 NSWLR 10, [2005] NSWCCA 281 Woodward v R [2017] NSWCCA 44 Category: Principal judgment Parties: Robert Ghalbouni (Applicant) Regina (Respondent) Representation: Counsel: G James QC, P Lange (Applicant) C Curtis (Respondent)