R v Kamara; R v Kassem [2019] NSWDC 947

R v Kamara; R v Kassem [2019] NSWDC 947

Both offenders engaged in ongoing, organised, and planned drug supply of substantial seriousness, warranting aggregate full-time imprisonment despite pleas of guilty and some subjective mitigation; addiction did not reduce culpability, and only sentences of imprisonment with special circumstances for supervision could meet the sentencing objectives of deterrence and retribution.

Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
Kamara: Convicted and sentenced to aggregate term of three years imprisonment with a non-parole period of one year and ten months. Kassem: Convicted and sentenced to aggregate term of two years, ten months imprisonment with a non-parole period of one year and eight months.
Legal Topics
['drug Offences' 'ongoing Supply' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'imprisonment' 'objective Seriousness' 'subjective Considerations' 'deterrence' 'co Offenders' 'special Circumstances']
['criminal Law'] ['drug Offences' 'ongoing Supply' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'imprisonment' 'objective Seriousness' 'subjective Considerations' 'deterrence' 'co Offenders' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for ongoing drug supply offences under the Drug Misuse and Trafficking Act 1985?' 'What are the relevant aggravating and mitigating factors influencing sentence?' 'Does the conduct of each offender warrant special circumstances or require full-time imprisonment?']

Ratio Decidendi

Both offenders engaged in ongoing, organised, and planned drug supply of substantial seriousness, warranting aggregate full-time imprisonment despite pleas of guilty and some subjective mitigation; addiction did not reduce culpability, and only sentences of imprisonment with special circumstances for supervision could meet the sentencing objectives of deterrence and retribution.

Court Disposition

Kamara: Convicted and sentenced to aggregate term of three years imprisonment with a non-parole period of one year and ten months. Kassem: Convicted and sentenced to aggregate term of two years, ten months imprisonment with a non-parole period of one year and eight months.

Orders

  • ['Kamara: Aggregate sentence of 3 years imprisonment (19 December 2017 - 18 December 2020) with non-parole period of 1 year, 10 months (expiring 18 October 2019). Indicated sentences on counts: 024 (18 months), 026 (20 months), 023 (10 months). Confiscation and drug destruction orders made.' 'Kassem: Aggregate...