R v El - Hassan [2018] NSWDC 436

R v El - Hassan [2018] NSWDC 436

The appropriate sentence for ongoing supply of MDMA and cocaine, including consideration of proceeds of crime found in possession and breach of driving bonds, is imprisonment with special circumstances warranting a longer parole period; totality principle ensures the sentences are proportionate, and guilty plea entitles offender to a 25% reduction.

Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment for both ongoing supply and drive whilst disqualified; back-up offences dismissed; forfeiture order made by consent.
Legal Topics
['ongoing Drug Supply' 'mdma' 'drive While Disqualified' 'breach of Bonds' 'proceeds of Crime' 'totality' 'long Standing Drug Use' 'post Traumatic Stress Disorder']
['criminal Law'] ['ongoing Drug Supply' 'mdma' 'drive While Disqualified' 'breach of Bonds' 'proceeds of Crime' 'totality' 'long Standing Drug Use' 'post Traumatic Stress Disorder']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for ongoing drug supply and associated offences' 'Consideration of proceeds of crime in sentencing' 'Assessment of breach of bonds for driving while disqualified' 'Application of totality principle']

Ratio Decidendi

The appropriate sentence for ongoing supply of MDMA and cocaine, including consideration of proceeds of crime found in possession and breach of driving bonds, is imprisonment with special circumstances warranting a longer parole period; totality principle ensures the sentences are proportionate, and guilty plea entitles offender to a 25% reduction.

Court Disposition

Sentenced to imprisonment for both ongoing supply and drive whilst disqualified; back-up offences dismissed; forfeiture order made by consent.

Orders

  • ['Imprisonment for two months for drive whilst disqualified offences, dated from 24 February 2018.' 'Imprisonment for ongoing supply, with a non-parole period of 18 months and a head sentence of three years dated from 24 March 2018.' 'Dismissal of back-up offences on the s 166 certificate.' 'Forfeiture order by...