R v Ahmad, Ahmad; R v Fakhreddine, Hassan [2020] NSWDC 370

R v Ahmad, Ahmad; R v Fakhreddine, Hassan [2020] NSWDC 370

Both offenders played important, though not leading, roles as trusted intermediaries in a criminal enterprise attempting to import a substantial quantity of MDMA. Their roles, while not managerial or autonomous, were more than merely mindless conduits. Both acted for financial gain over several months, with Ahmad's role found to be slightly more significant than Fakhreddine's. The undercover police operation facilitated the offence, somewhat reducing their moral culpability, but not substantially. Discounts of 20% for the guilty pleas were warranted by the complexity and utilitarian value of the pleas. Sentences for Ahmad and Fakhreddine were determined by balancing objective seriousness,...

Jurisdiction
Australia
Judgment Date
22 June 2020
Procedural Posture
Sentence / Sentencing After Plea of Guilty
Outcome
Convicted. Sentences of imprisonment imposed for both offenders, with relevant non-parole and total terms specified. Both are eligible for parole at expiration of the non-parole period.
Legal Topics
['drug Offences' 'conspiracy' 'attempted Importation' 'sentencing Principles' 'sentencing Discounts for Guilty Pleas' 'role of Undercover Police' 'objective Seriousness' 'culpability Assessment' 'parity Between Offenders' 'mitigation and Aggravation in Sentencing']
['criminal Law'] ['drug Offences' 'conspiracy' 'attempted Importation' 'sentencing Principles' 'sentencing Discounts for Guilty Pleas' 'role of Undercover Police' 'objective Seriousness' 'culpability Assessment' 'parity Between Offenders' 'mitigation and Aggravation in Sentencing']

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Procedural Posture

Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What is the appropriate sentence for each offender for attempting to import a commercial quantity of border controlled drug (MDMA)?' "How do the offenders' respective roles, circumstances, and subjective factors affect the sentence?" "What is the impact of the police undercover operation on the offenders' culpability?" 'What discount for plea of guilty is appropriate?']

Ratio Decidendi

Both offenders played important, though not leading, roles as trusted intermediaries in a criminal enterprise attempting to import a substantial quantity of MDMA. Their roles, while not managerial or autonomous, were more than merely mindless conduits. Both acted for financial gain over several months, with Ahmad's role found to be slightly more significant than Fakhreddine's. The undercover police operation facilitated the offence, somewhat reducing their moral culpability, but not substantially. Discounts of 20% for the guilty pleas were warranted by the complexity and utilitarian value of the pleas. Sentences for Ahmad and Fakhreddine were determined by balancing objective seriousness,...

Court Disposition

Convicted. Sentences of imprisonment imposed for both offenders, with relevant non-parole and total terms specified. Both are eligible for parole at expiration of the non-parole period.

Orders

  • ['Ahmad Ahmad: Sentence of 15 years 2 months imprisonment (non-parole period 8 years 9 months from 8 August 2017 to 7 May 2026; balance of term 6 years 5 months to 7 October 2032).' 'Ahmad Ahmad: Eligible for parole at end of non-parole period.' 'Hassan Fakhreddine: Sentence of 13 years 7 months imprisonment...