R v Bassim Karim [2016] NSWDC 261

R v Bassim Karim [2016] NSWDC 261

Only full-time custody was appropriate for count 1 because the offender manufactured methylamphetamine at Sylvania, with a related Form 1 manufacture at Tempe, and general deterrence was important. However, the objective seriousness was towards the lower end for manufacturing offences because the Court accepted the manufacture was for the offender's own use and there was no evidence of manufacture for supply. A late guilty plea warranted about a 10% discount, and the offender's remorse, PTSD, addiction history, family support and reasonable rehabilitation prospects informed the non-parole period and parole conditions. Count 2 was at the bottom of the range for deemed supply and was dealt...

Jurisdiction
Australia
Judgment Date
07 July 2016
Procedural Posture
Criminal Sentence / Sentence After Late Pleas of Guilty Following Committal for Trial
Outcome
Offender convicted and sentenced to imprisonment for counts 1 and 2; s 166 offences dealt with by conviction under s 10A with no further order.
Legal Topics
['manufacture of Methylamphetamine' 'deemed Supply of Methylamphetamine' 'form 1 Offences' 'related Offences Under S 166 of the Criminal Procedure Act 1986' 'general Deterrence' 'guilty Plea Discount' 'post Traumatic Stress Disorder and Rehabilitation']
['criminal Law' 'sentencing' 'drug Offences'] ['manufacture of Methylamphetamine' 'deemed Supply of Methylamphetamine' 'form 1 Offences' 'related Offences Under S 166 of the Criminal Procedure Act 1986' 'general Deterrence' 'guilty Plea Discount' 'post Traumatic Stress Disorder and Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Late Pleas of Guilty Following Committal for Trial

Legal Issues

  1. 1 ['What sentence should be imposed for manufacturing methylamphetamine contrary to s 24(1) of the Drug Misuse and Trafficking Act 1985.' 'What sentence should be imposed for deemed supply of 16.6 grams of methylamphetamine contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985.' 'How the Form 1 offences of manufacturing a prohibited drug and assaulting a police officer should affect sentence.' 'How to deal with related offences sent up for sentence under s 166 of the Criminal Procedure Act 1986.' "What effect should be given to the offender's late guilty plea, remorse, addiction, post-traumatic stress disorder, prior record, pre-sentence custody, and prospects of rehabilitation."]

Ratio Decidendi

Only full-time custody was appropriate for count 1 because the offender manufactured methylamphetamine at Sylvania, with a related Form 1 manufacture at Tempe, and general deterrence was important. However, the objective seriousness was towards the lower end for manufacturing offences because the Court accepted the manufacture was for the offender's own use and there was no evidence of manufacture for supply. A late guilty plea warranted about a 10% discount, and the offender's remorse, PTSD, addiction history, family support and reasonable rehabilitation prospects informed the non-parole period and parole conditions. Count 2 was at the bottom of the range for deemed supply and was dealt...

Court Disposition

Offender convicted and sentenced to imprisonment for counts 1 and 2; s 166 offences dealt with by conviction under s 10A with no further order.

Orders

  • ['Count 1: offender convicted of manufacture prohibited drug and sentenced to a non-parole period of 18 months commencing 19 January 2016 and expiring 18 July 2017, with parole thereafter of 15 months commencing 19 July 2017 and expiring 18 October 2018, giving an overall term of imprisonment of 2 years and 9...