R v Abdul-Hamid [2023] NSWDC 641

R v Abdul-Hamid [2023] NSWDC 641

Aggregate sentence of imprisonment imposed based on seriousness of offences, persistent drug supply and offending, aggravation for offences committed while on bail, application of sentencing principles including totality and parity, and modest finding of special circumstances due to addiction and subjective factors.

Jurisdiction
Australia
Judgment Date
03 October 2023
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment imposed
Legal Topics
['drug Offences' 'criminal Groups' 'proceeds of Crime' 'assault Police Officer' 'police Pursuit' 'speeding Offences' 'sentencing Aggravating Factors' 'sentencing Mitigating Factors' 'parity' 'deterrence' 'aggregate Sentences' 'sentencing Procedure' 'drug Addiction' 'mental Health Disorders']
['criminal Law' 'traffic Law'] ['drug Offences' 'criminal Groups' 'proceeds of Crime' 'assault Police Officer' 'police Pursuit' 'speeding Offences' 'sentencing Aggravating Factors' 'sentencing Mitigating Factors' 'parity' 'deterrence' 'aggregate Sentences' 'sentencing Procedure' 'drug Addiction' 'mental Health Disorders']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentences for multiple offences including drug supply, criminal group direction, police pursuit, assault police, and traffic offences' 'Assessment of aggravating and mitigating factors' 'Determination of objective seriousness and totality' 'Applicability of sentencing guidelines and parity' "Consideration of offender's subjective case including addiction and mental health"]

Ratio Decidendi

Aggregate sentence of imprisonment imposed based on seriousness of offences, persistent drug supply and offending, aggravation for offences committed while on bail, application of sentencing principles including totality and parity, and modest finding of special circumstances due to addiction and subjective factors.

Court Disposition

Aggregate sentence of imprisonment imposed

Orders

  • ['Aggregate sentence of 7 years 3 months imprisonment with a non-parole period of 5 years, commencing 17 January 2022' 'Eligible for parole consideration on 16 January 2027; sentence expires 16 April 2029' 'Driving disqualification period of 4 years (police pursuit), suspended while in custody' 'Speeding matter and...