R v Hijazi [2018] NSWDC 416

R v Hijazi [2018] NSWDC 416

A period of full-time custody was required because the offender, although less culpable than his parents, played a significant and trusted role in facilitating the importation of cocaine by passing delivery information and monitoring the collection, knew at least that a valuable quantity of drugs was involved, was inferred to be involved for financial reward, and considerations of deterrence and parity placed his culpability above that of Fakih while below that of Joumana Hijazi. A 10% discount was allowed for the late guilty plea.

Jurisdiction
Australia
Judgment Date
31 January 2018
Procedural Posture
Criminal Sentencing for Commonwealth Drug Importation Offence / Sentence After Plea of Guilty Entered After Trial Commenced on a Different Charge
Outcome
Offender convicted and sentenced to imprisonment for 3 years and 9 months with a non-parole period of 2 years.
Legal Topics
['importing a Marketable Quantity of Cocaine' 'aiding and Abetting' 'plea of Guilty' 'parity With Co Offenders' 'general and Specific Deterrence']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['importing a Marketable Quantity of Cocaine' 'aiding and Abetting' 'plea of Guilty' 'parity With Co Offenders' 'general and Specific Deterrence']

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Procedural Posture

Criminal Sentencing for Commonwealth Drug Importation Offence / Sentence After Plea of Guilty Entered After Trial Commenced on a Different Charge

Legal Issues

  1. 1 ['What sentence should be imposed for aiding and abetting, counselling or procuring the importation of a marketable quantity of cocaine.' "The offender's role and culpability compared with co-offenders for parity purposes." 'The discount to be allowed for a late plea of guilty in Commonwealth sentencing.' 'The weight to be given to subjective history and psychological material not adopted and tested.']

Ratio Decidendi

A period of full-time custody was required because the offender, although less culpable than his parents, played a significant and trusted role in facilitating the importation of cocaine by passing delivery information and monitoring the collection, knew at least that a valuable quantity of drugs was involved, was inferred to be involved for financial reward, and considerations of deterrence and parity placed his culpability above that of Fakih while below that of Joumana Hijazi. A 10% discount was allowed for the late guilty plea.

Court Disposition

Offender convicted and sentenced to imprisonment for 3 years and 9 months with a non-parole period of 2 years.

Orders

  • ['The offender is convicted of the offence.' 'Sentence of imprisonment of 3 years, 9 months, to commence on 22 January 2018 and expiring on 21 October 2021.' 'Non-parole period of 2 years, expiring on 21 January 2020.']