The Court of Appeal handed down judgment this morning in applications by brothers Haval and Hadil Kada for leave to appeal against their sentences for trafficking in large quantities of crystal methamphetamine ('ice').
Justice Tate, Kyrou and Beale refused leave to appeal to Hadil. Justices Tate and Kyrou granted leave to Haval, Justice Beale dissenting. The Court rejected arguments that the trial judge had not given sufficient weight to the element of police entrapment. The offending was on a very serious scale and the sentences imposed were not manifestly excessive. However, the Court, by majority, accepted that Haval was less involved in the trafficking than his brother, Hadil, who was the 'organiser' and prime mover', and that Haval should have received a lesser sentence.