Regina v Haidar [2004] NSWCCA 350

Regina v Haidar [2004] NSWCCA 350

The sentence imposed was within the appropriate range given the quantity of drugs and the appellant's actual role, despite being slightly above a courier, and considering the plea of guilty. The attempt, while unsuccessful, was competent and likely to have succeeded but for police intervention, thus did not warrant lesser punishment than a completed offence. The evidence did not establish the applicant's criminality was sufficiently mitigated by addiction or debt to warrant a lower sentence.

Parties
Prosecutor: Regina; Applicant: George Haidar
Jurisdiction
Australia
Judgment Date
15 October 2004
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Drug Offences, Attempted Offences, Plea of Guilty, Mitigation on Grounds of Addiction
Criminal Law Sentencing Drug Offences Attempted Offences Plea of Guilty Mitigation on Grounds of Addiction

Case Brief

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Parties

Regina

Prosecutor

George Haidar

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the quantity of the drug
  2. 2 Whether sufficient regard was had to the offence being an attempt rather than a completed importation
  3. 3 Whether the sentencing judge adequately considered the applicant's motivation related to drug addiction

Ratio Decidendi

The sentence imposed was within the appropriate range given the quantity of drugs and the appellant's actual role, despite being slightly above a courier, and considering the plea of guilty. The attempt, while unsuccessful, was competent and likely to have succeeded but for police intervention, thus did not warrant lesser punishment than a completed offence. The evidence did not establish the applicant's criminality was sufficiently mitigated by addiction or debt to warrant a lower sentence.

Court Disposition

Appeal dismissed

Orders

  • Extension of time for filing notice of application for leave to appeal granted
  • Leave to appeal granted