Youssef v R [2011] NSWCCA 104

Youssef v R [2011] NSWCCA 104

The applicant did not show that the sentence was manifestly excessive. The importation involved 573.6 grams of pure heroin, far above the marketable quantity threshold, and the applicant travelled overseas for the express purpose of returning with heroin. Comparable authorities showed that a notional starting point of 11 years and the imposed non-parole period of 4 years and 8 months were within the available sentencing range. The sentencing judge also correctly treated drug quantity as one of many relevant sentencing factors.

Jurisdiction
Australia
Judgment Date
23 May 2011
Procedural Posture
Criminal Sentence Appeal; Leave to Appeal Against Sentence / Court of Criminal Appeal Application for Leave to Appeal From Sentence Imposed in the District Court by Hock DCJ
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['importing a Marketable Quantity of a Border Controlled Drug' 'manifestly Excessive Sentence' 'federal Drug Importation Sentencing Principles' 'notional Starting Point' 'continuing Authority of R V Wong and Leung']
['criminal Law' 'sentencing' 'drug Offences'] ['importing a Marketable Quantity of a Border Controlled Drug' 'manifestly Excessive Sentence' 'federal Drug Importation Sentencing Principles' 'notional Starting Point' 'continuing Authority of R V Wong and Leung']

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Procedural Posture

Criminal Sentence Appeal; Leave to Appeal Against Sentence / Court of Criminal Appeal Application for Leave to Appeal From Sentence Imposed in the District Court by Hock DCJ

Legal Issues

  1. 1 ['Whether the sentence imposed for importing a marketable quantity of heroin was manifestly excessive.' "Whether the sentencing judge's notional starting point of approximately 11 years was too high for the applicant's criminality." 'What role the quantity of heroin should play in assessing objective seriousness and sentence.' 'Whether the range of sentences in R v Wong and Leung remained useful after Wong v The Queen.']

Ratio Decidendi

The applicant did not show that the sentence was manifestly excessive. The importation involved 573.6 grams of pure heroin, far above the marketable quantity threshold, and the applicant travelled overseas for the express purpose of returning with heroin. Comparable authorities showed that a notional starting point of 11 years and the imposed non-parole period of 4 years and 8 months were within the available sentencing range. The sentencing judge also correctly treated drug quantity as one of many relevant sentencing factors.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'The appeal is dismissed.']