R v Khatib (No 2) [2016] NSWDC 396

R v Khatib (No 2) [2016] NSWDC 396

Although the offender's enthusiastic drug supply conduct was serious and required punishment reflecting its objective gravity, his early guilty plea, demonstrated rehabilitation, abstinence from drugs under supervision, employment, study, lack of prior convictions, and the availability of an Intensive Corrections Order justified imposing a sentence of two years imprisonment or less and referring him for assessment as to suitability to serve it by means of an Intensive Corrections Order. A suspended sentence would provide insufficient punishment.

Jurisdiction
Australia
Judgment Date
25 November 2016
Procedural Posture
Criminal Sentence / Consequential Orders Following S 11 Remand; Matter Adjourned for Intensive Corrections Order Assessment
Outcome
The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order, and the matter was adjourned for consideration of the assessment report.
Legal Topics
['drug Supply' 'intensive Corrections Order' 's 11 Remand' 'guilty Plea' 'rehabilitation']
['criminal Law' 'sentencing'] ['drug Supply' 'intensive Corrections Order' 's 11 Remand' 'guilty Plea' 'rehabilitation']

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Procedural Posture

Criminal Sentence / Consequential Orders Following S 11 Remand; Matter Adjourned for Intensive Corrections Order Assessment

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's drug supply conduct after a s 11 remand." 'Whether the offender should be assessed as suitable to serve a sentence by means of an Intensive Corrections Order rather than by suspended sentence or full-time custody.']

Ratio Decidendi

Although the offender's enthusiastic drug supply conduct was serious and required punishment reflecting its objective gravity, his early guilty plea, demonstrated rehabilitation, abstinence from drugs under supervision, employment, study, lack of prior convictions, and the availability of an Intensive Corrections Order justified imposing a sentence of two years imprisonment or less and referring him for assessment as to suitability to serve it by means of an Intensive Corrections Order. A suspended sentence would provide insufficient punishment.

Court Disposition

The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order, and the matter was adjourned for consideration of the assessment report.

Orders

  • ['The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.' 'The matter is listed on 3 March for consideration of the ICO assessment report.']