R v Jehad Jodeh [2020] NSWDC 18

R v Jehad Jodeh [2020] NSWDC 18

The offender was a willing but limited participant in a conspiracy to import a very substantial quantity of pseudoephedrine, acting as a conduit for messages for about six weeks and then voluntarily ceasing involvement. The conspiracy was serious but below the middle of the range of objective seriousness because its nature and scope were limited, it was at an early stage of planning, the methodology was not sophisticated, there was no importation, and the offender's culpability was significantly lower than his co-conspirators. Despite his remorse and some prospects of rehabilitation, his prior serious offending and commission of the offences while on parole required full-time...

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to imprisonment for a total term of 6 years with a non-parole period of 3 years, commencing on 8 November 2017 and expiring on 7 November 2020, after a 25% discount for the guilty plea and taking into account the s 16BA scheduled offence.
Legal Topics
['conspiracy to Import a Commercial Quantity of a Border Controlled Precursor' 'pseudoephedrine' 'objective Seriousness' 'voluntary Cessation of Involvement in Conspiracy' 'financial Reward Inference' 'section 16 BA Schedule Offence' 'parole and Totality']
['criminal Law' 'sentencing'] ['conspiracy to Import a Commercial Quantity of a Border Controlled Precursor' 'pseudoephedrine' 'objective Seriousness' 'voluntary Cessation of Involvement in Conspiracy' 'financial Reward Inference' 'section 16 BA Schedule Offence' 'parole and Totality']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What period the offender was involved in the conspiracy.' 'Whether the offender voluntarily ceased involvement in the conspiracy or ceased because he was no longer needed.' 'Whether the offender was motivated by financial reward.' 'What role the offender played in the conspiracy and the objective seriousness of the offence.' "What sentence was appropriate having regard to the guilty plea, the s 16BA scheduled offence, the offender's subjective circumstances, parole revocation, totality, deterrence and rehabilitation."]

Ratio Decidendi

The offender was a willing but limited participant in a conspiracy to import a very substantial quantity of pseudoephedrine, acting as a conduit for messages for about six weeks and then voluntarily ceasing involvement. The conspiracy was serious but below the middle of the range of objective seriousness because its nature and scope were limited, it was at an early stage of planning, the methodology was not sophisticated, there was no importation, and the offender's culpability was significantly lower than his co-conspirators. Despite his remorse and some prospects of rehabilitation, his prior serious offending and commission of the offences while on parole required full-time...

Court Disposition

The offender was convicted and sentenced to imprisonment for a total term of 6 years with a non-parole period of 3 years, commencing on 8 November 2017 and expiring on 7 November 2020, after a 25% discount for the guilty plea and taking into account the s 16BA scheduled offence.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to imprisonment consisting of a non-parole period of 3 years commencing on 8 November 2017 and expiring on 7 November 2020, with a balance of term of 3 years imprisonment.' 'The total term is 6 years imprisonment.' 'The offender will be eligible for release on...