R v Chalak [2016] NSWDC 215

R v Chalak [2016] NSWDC 215

Given the scale and organisation of the drug supply operation, the guilty plea, and the circumstances of the offender, a non-parole period of 3 years and a head sentence of 5 years imprisonment is imposed. Further, the offender is ordered to pay $65,650 representing benefits derived from drug trafficking.

Parties
Prosecutor: The Crown; Offender: Hady Chalak
Jurisdiction
Australia
Judgment Date
09 September 2016
Procedural Posture
Criminal Sentencing / Sentence
Outcome
Offender sentenced to imprisonment; proceeds order made
Legal Topics
Commercial Drug Supply, Sentencing, Drug Proceeds Order
Criminal Law Commercial Drug Supply Sentencing Drug Proceeds Order

Case Brief

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Parties

The Crown

Prosecutor

Hady Chalak

Offender

Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 Appropriate sentence for supplying a commercial quantity of methylamphetamine
  2. 2 Assessment of benefits derived from drug trafficking for proceeds order

Ratio Decidendi

Given the scale and organisation of the drug supply operation, the guilty plea, and the circumstances of the offender, a non-parole period of 3 years and a head sentence of 5 years imprisonment is imposed. Further, the offender is ordered to pay $65,650 representing benefits derived from drug trafficking.

Court Disposition

Offender sentenced to imprisonment; proceeds order made

Orders

  • The offender is sentenced to imprisonment for a head sentence of 5 years with a non-parole period of 3 years, taking into account the Form 1 offence.
  • The offender is ordered to pay the State of New South Wales the sum of $65,650 representing the benefits obtained from drug trafficking.