R v Chahoud [2013] NSWDC 228

R v Chahoud [2013] NSWDC 228

Because the offender acted as a courier on one occasion, the Court was not satisfied that he was trafficking to a substantial degree; however, given the seriousness of the cocaine supply offence and the recent nature of his abstinence, sentence should be deferred under s 11 of the Crimes (Sentencing Procedure) Act to better assess his prospects of rehabilitation before deciding whether full time custody is required.

Jurisdiction
Australia
Judgment Date
04 October 2013
Procedural Posture
Criminal Sentence for Being Knowingly Concerned in the Supply of a Prohibited Drug / After Guilty Plea; Sentence Deferred and Matter Adjourned Under S 11 of the Crimes (sentencing Procedure) Act
Outcome
Adjourned under s 11 of the Crimes (Sentencing Procedure) Act to 23 May 2014 at 2pm for sentence.
Legal Topics
['knowingly Concerned in Supply of Prohibited Drug' 'cocaine' 'drug Courier' 'rehabilitation' 'adjournment for Sentence' 'bail Conditions']
['criminal Law' 'sentencing'] ['knowingly Concerned in Supply of Prohibited Drug' 'cocaine' 'drug Courier' 'rehabilitation' 'adjournment for Sentence' 'bail Conditions']

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Procedural Posture

Criminal Sentence for Being Knowingly Concerned in the Supply of a Prohibited Drug / After Guilty Plea; Sentence Deferred and Matter Adjourned Under S 11 of the Crimes (sentencing Procedure) Act

Legal Issues

  1. 1 ['Whether the offender was trafficking to a substantial degree so as to require a full time custodial sentence absent exceptional circumstances.' "Whether sentence should be deferred to assess the offender's rehabilitation and abstinence from cocaine."]

Ratio Decidendi

Because the offender acted as a courier on one occasion, the Court was not satisfied that he was trafficking to a substantial degree; however, given the seriousness of the cocaine supply offence and the recent nature of his abstinence, sentence should be deferred under s 11 of the Crimes (Sentencing Procedure) Act to better assess his prospects of rehabilitation before deciding whether full time custody is required.

Court Disposition

Adjourned under s 11 of the Crimes (Sentencing Procedure) Act to 23 May 2014 at 2pm for sentence.

Orders

  • ['The matter is adjourned to Friday 23 May 2014 at 2pm for sentence.' 'The offender is to be supervised by the Probation and Parole Service during the period of remand.' 'As part of that supervision he is to undergo regular and random urinalysis.' 'He is to use no illegal drugs whatsoever.' 'He is not to use the...