R v Kassis [2015] NSWDC 178

R v Kassis [2015] NSWDC 178

The Court sentenced Mr Kassis on the agreed facts, rejecting beyond reasonable doubt his exculpatory account but not finding the Crown's additional adverse allegations beyond reasonable doubt. Each indicted offence was objectively serious given the quantities involved, the applicable maximum penalties and standard non-parole periods, and the agreed role of the offender as a little more than merely providing the premises. The offender received a 25 percent utilitarian discount for his early guilty plea but was not given a mitigating finding for remorse because he had not accepted responsibility for the harm to the community. General deterrence was significant, partial accumulation was...

Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Offender convicted and sentenced to a total effective sentence of 7 years 10 months imprisonment with a total effective non-parole period of 5 years.
Legal Topics
['knowingly Take Part in Manufacture of Prohibited Drug Not Less Than Large Commercial Quantity' 'supply Prohibited Drug Not Less Than Commercial Quantity' 'form 1 Offence' 'standard Non Parole Period' 'fact Finding on Sentence' 'guilty Plea Discount' 'special Circumstances' 'general Deterrence']
['criminal Law' 'sentencing' 'drug Offences'] ['knowingly Take Part in Manufacture of Prohibited Drug Not Less Than Large Commercial Quantity' 'supply Prohibited Drug Not Less Than Commercial Quantity' 'form 1 Offence' 'standard Non Parole Period' 'fact Finding on Sentence' 'guilty Plea Discount' 'special Circumstances' 'general Deterrence']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What facts should be found for sentence where the offender disputed his role in the drug manufacture and supply offences.' 'Whether the offender was entitled to a mitigating finding of remorse under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'How the objective seriousness of the manufacture and supply offences should be assessed having regard to the quantities, purity, non-dissemination, maximum penalties and standard non-parole periods.' 'Whether the Form 1 supply offence should be taken into account on count one.' 'Whether the sentences should be concurrent or partially accumulated.' 'Whether special circumstances justified varying the statutory ratio between the non-parole period and balance of term.']

Ratio Decidendi

The Court sentenced Mr Kassis on the agreed facts, rejecting beyond reasonable doubt his exculpatory account but not finding the Crown's additional adverse allegations beyond reasonable doubt. Each indicted offence was objectively serious given the quantities involved, the applicable maximum penalties and standard non-parole periods, and the agreed role of the offender as a little more than merely providing the premises. The offender received a 25 percent utilitarian discount for his early guilty plea but was not given a mitigating finding for remorse because he had not accepted responsibility for the harm to the community. General deterrence was significant, partial accumulation was...

Court Disposition

Offender convicted and sentenced to a total effective sentence of 7 years 10 months imprisonment with a total effective non-parole period of 5 years.

Orders

  • ['On count two, the offender was sentenced to imprisonment for 3 years 9 months with a non-parole period of 2 years 3 months, commencing on 19 April 2013 and expiring on 18 July 2015, with the total term expiring on 18 January 2017.' 'On count one, taking into account the Form 1 offence, the offender was sentenced...