R v Ahmed [2013] NSWDC 323

R v Ahmed [2013] NSWDC 323

The offender's breach of the earlier good behaviour bond and the seriousness and totality of the further offences required sentences of imprisonment, but the confined spate of offending, early guilty plea, absence of ringleader status, long prior period without offending, physical and mental health issues, counselling, employment and demonstrated rehabilitation justified suspending the principal imprisonment sentences. The prohibited weapon sentence was reopened because a fixed sentence could not be imposed for an offence with a standard non-parole period, so a one month suspended sentence was imposed instead.

Jurisdiction
Australia
Judgment Date
31 May 2013
Procedural Posture
Sentence / Remarks on Sentence After Breach of Good Behaviour Bond and Sentence for Further Offences
Outcome
Good behaviour bond for supply of prohibited drugs revoked; offender convicted and sentenced to suspended imprisonment for the drug supply re-sentence and the aggregate August 2011 offences, a fixed term already served for unauthorised possession of a firearm, and a one month suspended sentence for unauthorised...
Legal Topics
['breach of Good Behaviour Bond' 'supply of Prohibited Drugs' 'larceny' 'knowingly Carried in Conveyance' 'damage Property' 'unauthorised Possession of Firearm' 'unauthorised Possession of Prohibited Weapon' 'possess Prohibited Drug Taken Into Account' 'unlawful Entry on Inclosed Lands Taken Into Account' 'suspended Sentence' 'aggregate Sentence' 'standard Non Parole Period' 'totality' 'early Plea of Guilty']
['criminal Law' 'sentencing'] ['breach of Good Behaviour Bond' 'supply of Prohibited Drugs' 'larceny' 'knowingly Carried in Conveyance' 'damage Property' 'unauthorised Possession of Firearm' 'unauthorised Possession of Prohibited Weapon' 'possess Prohibited Drug Taken Into Account' 'unlawful Entry on Inclosed Lands Taken Into Account' 'suspended Sentence' 'aggregate Sentence' 'standard Non Parole Period' 'totality' 'early Plea of Guilty']

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Procedural Posture

Sentence / Remarks on Sentence After Breach of Good Behaviour Bond and Sentence for Further Offences

Legal Issues

  1. 1 ['How to re-sentence the offender for the drug supply offence after breach of the good behaviour bond imposed by Judge Garling.' 'What sentences should be imposed for the August 2011 offences constituting the breach, including larceny, knowingly being carried in a stolen car, damaging property, unauthorised possession of a firearm and unauthorised possession of a prohibited weapon.' "Whether the totality of the offending required full-time custody or permitted suspended sentences in light of the offender's plea, rehabilitation, employment, counselling, health issues and confined period of offending." 'How to sentence the prohibited weapon offence carrying a standard non-parole period after the Court accepted that a fixed term sentence could not be imposed for that offence.']

Ratio Decidendi

The offender's breach of the earlier good behaviour bond and the seriousness and totality of the further offences required sentences of imprisonment, but the confined spate of offending, early guilty plea, absence of ringleader status, long prior period without offending, physical and mental health issues, counselling, employment and demonstrated rehabilitation justified suspending the principal imprisonment sentences. The prohibited weapon sentence was reopened because a fixed sentence could not be imposed for an offence with a standard non-parole period, so a one month suspended sentence was imposed instead.

Court Disposition

Good behaviour bond for supply of prohibited drugs revoked; offender convicted and sentenced to suspended imprisonment for the drug supply re-sentence and the aggregate August 2011 offences, a fixed term already served for unauthorised possession of a firearm, and a one month suspended sentence for unauthorised...

Orders

  • ['The good behaviour bond imposed by Judge Garling was revoked.' 'For the drug supply offence, the offender was sentenced to 18 months imprisonment, with execution of the whole sentence suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 for 18 months, and release directed on condition that he enter a...