Ghossein v Regina [2006] NSWCCA 108

Ghossein v Regina [2006] NSWCCA 108

The conviction appeal failed because the trial judge did not use the appellant's lies as evidence of consciousness of guilt of supply, but only as relevant to credibility, so no Edwards direction or express discussion of its preconditions was required. Although the sentencing judge erred by treating the appellant's criminal record as aggravating, the evidence did not justify reducing the weight of general deterrence on mental health grounds, the refusal to find special circumstances was open, and no lesser sentence was warranted.

Jurisdiction
Australia
Judgment Date
05 April 2006
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal
Outcome
Appeal against conviction dismissed. Leave to appeal against sentence granted but appeal dismissed.
Legal Topics
['trial by Judge Alone' 'lies as Evidence of Consciousness of Guilt' 'supply of Prohibited Drug' 'deemed Supply' 'mental Health in Sentencing' 'special Circumstances' 'criminal Record as Aggravating Factor']
['criminal Law' 'criminal Procedure' 'sentencing' 'drug Offences'] ['trial by Judge Alone' 'lies as Evidence of Consciousness of Guilt' 'supply of Prohibited Drug' 'deemed Supply' 'mental Health in Sentencing' 'special Circumstances' 'criminal Record as Aggravating Factor']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge failed to comply with s 133 of the Criminal Procedure Act 1986 by not directing himself appropriately on lies told by the appellant to police.' "Whether the appellant's criminal record was wrongly treated as an aggravating feature under s 21A of the Crimes (Sentencing Procedure) Act." 'Whether the sentencing judge failed to take into account, or gave insufficient regard to, evidence of a significant mental health condition.' 'Whether the sentencing judge should have found special circumstances when fixing the non-parole period.']

Ratio Decidendi

The conviction appeal failed because the trial judge did not use the appellant's lies as evidence of consciousness of guilt of supply, but only as relevant to credibility, so no Edwards direction or express discussion of its preconditions was required. Although the sentencing judge erred by treating the appellant's criminal record as aggravating, the evidence did not justify reducing the weight of general deterrence on mental health grounds, the refusal to find special circumstances was open, and no lesser sentence was warranted.

Court Disposition

Appeal against conviction dismissed. Leave to appeal against sentence granted but appeal dismissed.

Orders

  • ['Appeal against conviction is dismissed.' 'Leave to appeal against sentence granted but the appeal is dismissed.']