R v FAHMY [2015] NSWDC 382

R v FAHMY [2015] NSWDC 382

Although the offence involved the minimum number of supplies and very small quantities, the offender was a willing participant in three supplies of methylamphetamine for reward, committed the offence while on conditional liberty, had no demonstrated contrition after unsuccessfully contesting an overwhelming Crown...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Criminal Sentence for Ongoing Supply of a Prohibited Drug / Sentence After Jury Verdict of Guilty Following Trial
Outcome
Offender convicted and sentenced to full-time imprisonment for 1 year and 6 months with a non-parole period of 6 months.
Legal Topics
['ongoing Supply of a Prohibited Drug' 'methylamphetamine' 'conditional Liberty' 'objective Seriousness' 'youth and Immaturity' 'non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['ongoing Supply of a Prohibited Drug' 'methylamphetamine' 'conditional Liberty' 'objective Seriousness' 'youth and Immaturity' 'non Parole Period']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Criminal Sentence for Ongoing Supply of a Prohibited Drug / Sentence After Jury Verdict of Guilty Following Trial

Legal Issues

  1. 1 ['What sentence should be imposed for ongoing supply of methylamphetamine contrary to s 25A(1) Drugs, Misuse and Trafficking Act 1995.' "Whether the small quantities supplied, the offender's youth and immaturity, and the supply to an undercover officer justified a penalty other than full-time custody." 'The effect of the offence being committed while the offender was on conditional liberty.' 'Whether special circumstances justified a non-parole period shorter than the statutory ratio.']

Ratio Decidendi

Although the offence involved the minimum number of supplies and very small quantities, the offender was a willing participant in three supplies of methylamphetamine for reward, committed the offence while on conditional liberty, had no demonstrated contrition after unsuccessfully contesting an overwhelming Crown case, and had subsequent drug supply offending relevant to rehabilitation and deterrence. His youth, immaturity, limited role as a runner, lack of knowledge of purity, and the fact that the drugs were intercepted mitigated the sentence, but did not make a suspended sentence or Intensive Correction Order appropriate. A full-time custodial sentence of 18 months with a 6 month...

Court Disposition

Offender convicted and sentenced to full-time imprisonment for 1 year and 6 months with a non-parole period of 6 months.

Orders

  • ['The offender is sentenced to a term of imprisonment of 1 year and 6 months.' 'The sentence commences on 8 August 2015 and expires on 7 February 2017.' 'A non-parole period of 6 months is fixed, commencing on 8 August 2015 and expiring on 7 February 2016.' 'The offender is directed to be released to parole on 7...