Director of Public Prosecutions (Cth) v Blackman Director of Public Prosecutions (Cth) v Jomaa [2014] NSWCCA 90

Director of Public Prosecutions (Cth) v Blackman Director of Public Prosecutions (Cth) v Jomaa [2014] NSWCCA 90

The Crown did not identify any error of principle or challenge the sentencing judge's findings. The sentencing judge was aware of and gave proper consideration to the maximum penalty, the very large quantity and value of the cocaine, the seriousness of the respondents' involvement, their subjective circumstances, and the relevant sentencing principles. The Crown could not rely on findings not made below, including knowledge of the drug weight or that the respondents were senior operators. The comparative cases did not establish departure from an established sentencing pattern requiring intervention. Although the sentences were lenient and at the bottom of the appropriate range, they were...

Jurisdiction
Australia
Judgment Date
27 May 2014
Procedural Posture
Criminal Law Crown Appeal Against Sentence / Appeal to the Court of Criminal Appeal From Sentences Imposed in the District Court After Pleas of Guilty
Outcome
In each case, the Crown appeal is dismissed.
Legal Topics
['manifest Inadequacy of Sentence' 'attempting to Possess a Commercial Quantity of Cocaine' 'discount for Assistance to Authorities' 'guilty Plea Discount' 'comparable Sentencing Cases']
['criminal Law' 'sentencing' 'appeals'] ['manifest Inadequacy of Sentence' 'attempting to Possess a Commercial Quantity of Cocaine' 'discount for Assistance to Authorities' 'guilty Plea Discount' 'comparable Sentencing Cases']

Case Brief

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Procedural Posture

Criminal Law Crown Appeal Against Sentence / Appeal to the Court of Criminal Appeal From Sentences Imposed in the District Court After Pleas of Guilty

Legal Issues

  1. 1 ['Whether the sentences imposed on Brian Blackman and Mohamad Jomaa for attempting to possess a commercial quantity of cocaine were manifestly inadequate.' 'Whether the 5% discount allowed to Brian Blackman for past assistance to authorities was manifestly excessive.' "Whether the maximum penalty, weight and value of the drug, nature of the respondents' roles, subjective circumstances and sentences in other cases demonstrated manifest inadequacy."]

Ratio Decidendi

The Crown did not identify any error of principle or challenge the sentencing judge's findings. The sentencing judge was aware of and gave proper consideration to the maximum penalty, the very large quantity and value of the cocaine, the seriousness of the respondents' involvement, their subjective circumstances, and the relevant sentencing principles. The Crown could not rely on findings not made below, including knowledge of the drug weight or that the respondents were senior operators. The comparative cases did not establish departure from an established sentencing pattern requiring intervention. Although the sentences were lenient and at the bottom of the appropriate range, they were...

Court Disposition

In each case, the Crown appeal is dismissed.

Orders

  • ['The Crown appeal is dismissed.']