El Kheir v R [2019] NSWCCA 288

El Kheir v R [2019] NSWCCA 288

There was no error in the sentencing judge’s approach to parity, as both applicant and co-offender were sentenced for manufacturing the same pure quantity of drug, and the purity of the admixture is relevant for objective seriousness. No justifiable sense of grievance arose when comparing the indicative undiscounted sentences, the circumstances, and subjective factors. The appeal against sentence does not disclose marked disparity warranting appellate intervention.

Parties
Applicant: Fredi El Kheir; Respondent: Crown
Jurisdiction
Australia
Judgment Date
09 December 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Appeal Against Sentence, Parity, Drug Offences, Manufacture of Prohibited Drug, Possession of Precursors
Criminal Law Appeal Against Sentence Parity Drug Offences Manufacture of Prohibited Drug Possession of Precursors

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Parties

Fredi El Kheir

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on the applicant gave rise to a justifiable sense of grievance in light of the sentence imposed upon his co-offender – Application of parity principle in drug manufacturing offences
  2. 2 Interpretation and application of 'admixture' provisions under Drug Misuse and Trafficking Act 1985 (NSW) for sentencing purposes

Ratio Decidendi

There was no error in the sentencing judge’s approach to parity, as both applicant and co-offender were sentenced for manufacturing the same pure quantity of drug, and the purity of the admixture is relevant for objective seriousness. No justifiable sense of grievance arose when comparing the indicative undiscounted sentences, the circumstances, and subjective factors. The appeal against sentence does not disclose marked disparity warranting appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • To the extent necessary, extend the time within which to file a notice of appeal until 31 July 2019.
  • Grant leave to appeal.