R v Abbas [2023] NSWDC 281

R v Abbas [2023] NSWDC 281

Taking into account the guilty plea, factual matrix, aggravating and mitigating circumstances including prior convictions, breach of conditional liberty, relapse into addiction, and COVID-related impacts, the offender is sentenced to an aggregate term of imprisonment of four years, three months with a non-parole period of two years, six months, finding special circumstances and imposing confiscation orders for proceeds reasonably suspected to be crime-related.

Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Criminal / Sentencing
Outcome
aggregate term of imprisonment
Legal Topics
['drug Offences' 'supply Prohibited Drug' 'firearms Offences' 'unauthorised Use/possession of Firearm' 'sentencing' 'aggravating Factors' 'breach of Conditional Liberty' 'record of Previous Convictions' 'mitigating Factors' 'plea of Guilty' 'remorse' 'penalties' 'imprisonment' 'relevant Factors on Sentence' 'co Offenders' 'deterrence' 'form 1 Offences' 'maximum Penalty' 'multiple Offences' 'parole Period' 'purposes of Sentencing' 'subjective Considerations' 'drug Addiction']
['criminal Law'] ['drug Offences' 'supply Prohibited Drug' 'firearms Offences' 'unauthorised Use/possession of Firearm' 'sentencing' 'aggravating Factors' 'breach of Conditional Liberty' 'record of Previous Convictions' 'mitigating Factors' 'plea of Guilty' 'remorse' 'penalties' 'imprisonment' 'relevant Factors on Sentence' 'co Offenders' 'deterrence' 'form 1 Offences' 'maximum Penalty' 'multiple Offences' 'parole Period' 'purposes of Sentencing' 'subjective Considerations' 'drug Addiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple drug supply and firearm offences' 'Assessment of aggravating and mitigating factors' 'Relevance of prior convictions and breach of conditional liberty' "Consideration of offender's remorse and plea of guilty" 'Determination of parole eligibility period' 'Application of statutory sentencing principles and maximum penalties' "Assessment of offender's prospects of rehabilitation and impact of addiction"]

Ratio Decidendi

Taking into account the guilty plea, factual matrix, aggravating and mitigating circumstances including prior convictions, breach of conditional liberty, relapse into addiction, and COVID-related impacts, the offender is sentenced to an aggregate term of imprisonment of four years, three months with a non-parole period of two years, six months, finding special circumstances and imposing confiscation orders for proceeds reasonably suspected to be crime-related.

Court Disposition

aggregate term of imprisonment

Orders

  • ['The offender is convicted of each offence.' 'The indicative sentences after 25% discount are: Sequence 1 – three months; Sequence 2 (with Form 1 matter) – four months; Sequence 7 – three years with a non-parole period of two years; Sequence 8 – nine months; Sequence 11 – six months; Sequence 17 – twelve months;...