R v Masoud Jaouhar [2003] NSWCCA 266

R v Masoud Jaouhar [2003] NSWCCA 266

No sentencing error was demonstrated. The applicant was an active participant in a serious methylamphetamine manufacturing operation, was on conditional liberty for another serious offence, and the sentencing judge appropriately took account of his youth, including by imposing a lower non-parole period in percentage terms than those imposed on the co-offenders. The parity argument did not establish a justifiable sense of grievance.

Jurisdiction
Australia
Judgment Date
15 September 2003
Procedural Posture
Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Offences' 'sentence' 'parity' 'co Offender' 'juvenile Sentencing']
['criminal Law'] ['drug Offences' 'sentence' 'parity' 'co Offender' 'juvenile Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant gave rise to a justifiable sense of grievance when compared with the sentences imposed on co-offenders.' "Whether the sentencing judge overstated the applicant's role in the manufacture of methylamphetamine." 'Whether the sentencing judge properly took into account that the applicant was a juvenile at the time of the offence.']

Ratio Decidendi

No sentencing error was demonstrated. The applicant was an active participant in a serious methylamphetamine manufacturing operation, was on conditional liberty for another serious offence, and the sentencing judge appropriately took account of his youth, including by imposing a lower non-parole period in percentage terms than those imposed on the co-offenders. The parity argument did not establish a justifiable sense of grievance.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.' 'Should it be necessary, the Court confirms the order that the whole of the non-parole period be served in a Juvenile Justice Centre.']