R v Jomaa [2018] NSWDC 511

R v Jomaa [2018] NSWDC 511

The offender's intellectual impairment significantly reduces moral culpability but not the objective seriousness of the supply offence; given the objective circumstances, his background, and the offence being committed while on a suspended sentence, a term of imprisonment is appropriate with some accumulation. The overall sentence of 21 months imprisonment is imposed, with the offender to be assessed for an Intensive Correction Order due to the sentence length and mental impairment.

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['drug Offences' 'supply Prohibited Drug' 'sentencing' 'probation and Parole' 'suspended Sentence Revoked' 'objective Seriousness' 'purposes of Sentencing']
['criminal Law'] ['drug Offences' 'supply Prohibited Drug' 'sentencing' 'probation and Parole' 'suspended Sentence Revoked' 'objective Seriousness' 'purposes of Sentencing']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supply of prohibited drug while on suspended sentence' 'Relevance of intellectual impairment to objective seriousness and culpability' 'Accumulation of sentences for separate offences']

Ratio Decidendi

The offender's intellectual impairment significantly reduces moral culpability but not the objective seriousness of the supply offence; given the objective circumstances, his background, and the offence being committed while on a suspended sentence, a term of imprisonment is appropriate with some accumulation. The overall sentence of 21 months imprisonment is imposed, with the offender to be assessed for an Intensive Correction Order due to the sentence length and mental impairment.

Court Disposition

Convicted and sentenced

Orders

  • ['Suspended sentence revoked' 'Offender sentenced to 21 months imprisonment' 'Offender to be assessed for suitability of Intensive Correction Order' 'Drugs to be destroyed']