Regina v El Hassan [2003] NSWCCA 139

Regina v El Hassan [2003] NSWCCA 139

The evidence supported that the offender was involved in an attempt to possess a commercial quantity of cocaine with knowledge and intent, playing a critical albeit limited role in an organised enterprise. The initial sentence imposed was manifestly inadequate given the seriousness and offender's role, justifying its increase on Crown appeal.

Jurisdiction
Australia
Judgment Date
21 May 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Crown Appeal Against Sentence
Outcome
Appeal against conviction dismissed; Crown appeal against sentence allowed; original sentence quashed; new sentence imposed.
Legal Topics
['attempting to Possess Cocaine' 'prohibited Import' 'sentencing' 'joint Criminal Enterprise' 'parity and Proportionality in Sentencing']
['criminal Law'] ['attempting to Possess Cocaine' 'prohibited Import' 'sentencing' 'joint Criminal Enterprise' 'parity and Proportionality in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Crown Appeal Against Sentence

Legal Issues

  1. 1 ['Whether offender attempted to possess not less than the commercial quantity of cocaine' 'Whether sentence imposed was manifestly inadequate' 'Degree of involvement of offender in the offence' 'Application of parity and proportionality in sentencing']

Ratio Decidendi

The evidence supported that the offender was involved in an attempt to possess a commercial quantity of cocaine with knowledge and intent, playing a critical albeit limited role in an organised enterprise. The initial sentence imposed was manifestly inadequate given the seriousness and offender's role, justifying its increase on Crown appeal.

Court Disposition

Appeal against conviction dismissed; Crown appeal against sentence allowed; original sentence quashed; new sentence imposed.

Orders

  • ['Appeal against conviction dismissed.' 'Crown appeal against sentence allowed; sentence quashed.' 'In lieu, Radwin El Hassan is sentenced to imprisonment for 9 years 7 months commencing on 2 August 2002 with a non-parole period of 5 years 7 months expiring on 1 March 2008.']