R v Care; R v Al-Khateib [2020] NSWDC 856

R v Care; R v Al-Khateib [2020] NSWDC 856

Both offenders were sentenced for knowingly taking part in the supply of large/commercial quantities of drugs and proceeds of crime offences. The Court assessed objective seriousness below mid-range but above low range, with the sentences aggravated by prior records and conditional liberty, but mitigated for youth, pleas of guilty, and some background factors. Remorse was not found to the extent required to satisfy s 21A(3)(i) Crimes (Sentencing Procedure) Act 1999 due to lack of full acceptance of role. Aggregate sentences with non-parole periods were imposed, reflecting both principal and Form 1 offences.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Criminal / Sentence
Outcome
Conviction and custodial sentence for both offenders
Legal Topics
['drug Offences' 'supply Prohibited Drug' 'knowingly Take Part in Supply' 'large Commercial Quantity' 'money Laundering' 'dealing With Proceeds of Crime' 'sentencing' 'mitigating Factors' 'plea of Guilty' 'relevant Factors on Sentence' 'form 1 Offences' 'penalties' 'imprisonment']
['criminal Law'] ['drug Offences' 'supply Prohibited Drug' 'knowingly Take Part in Supply' 'large Commercial Quantity' 'money Laundering' 'dealing With Proceeds of Crime' 'sentencing' 'mitigating Factors' 'plea of Guilty' 'relevant Factors on Sentence' 'form 1 Offences' 'penalties' 'imprisonment']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentences for knowingly taking part in supply of large/commercial quantities of prohibited drugs' 'Sentencing for dealing with property/money suspected of being proceeds of crime' 'Application of mitigating factors including plea of guilty, youth, and background circumstances' 'Determination of objective seriousness for offences involving supply and proceeds of crime' 'Consideration of Form 1 offences in sentencing']

Ratio Decidendi

Both offenders were sentenced for knowingly taking part in the supply of large/commercial quantities of drugs and proceeds of crime offences. The Court assessed objective seriousness below mid-range but above low range, with the sentences aggravated by prior records and conditional liberty, but mitigated for youth, pleas of guilty, and some background factors. Remorse was not found to the extent required to satisfy s 21A(3)(i) Crimes (Sentencing Procedure) Act 1999 due to lack of full acceptance of role. Aggregate sentences with non-parole periods were imposed, reflecting both principal and Form 1 offences.

Court Disposition

Conviction and custodial sentence for both offenders

Orders

  • ['Adrian Cosmo Care: Aggregate sentence of imprisonment for 6 years 9 months, non-parole period of 4 years 9 months, commencing 22 June 2019, parole eligibility 21 March 2024, sentence expiry 21 March 2026.' 'Nour Al-Khateib: Aggregate sentence of imprisonment for 5 years 6 months, non-parole period of 3 years 6...