R v AHMED [2011] NSWDC 210

R v AHMED [2011] NSWDC 210

The offender's repeated and ongoing street-level supply of methylamphetamine and cannabis to numerous purchasers, together with Form 1 matters including drug possession and conducting drug premises while exposing her child to prohibited drugs, was objectively serious and required full-time imprisonment despite her early guilty plea, remorse, rehabilitation prospects and personal hardship; special circumstances justified the structure of the non-parole period within an overall sentence of four years.

Jurisdiction
Australia
Judgment Date
30 September 2011
Procedural Posture
Criminal Sentence / Sentence After Early Guilty Plea
Outcome
Sentenced to an overall sentence of imprisonment consisting of a non-parole period of two and a half years and a head sentence of four years. Drugs to be destroyed.
Legal Topics
['ongoing Supply of Methylamphetamine' 'supply of Cannabis' 'supply of Methylamphetamine' 'form 1 Matters' 'conducting Drug Premises While Exposing a Child to Prohibited Drugs' 'intensive Correction Order' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences'] ['ongoing Supply of Methylamphetamine' 'supply of Cannabis' 'supply of Methylamphetamine' 'form 1 Matters' 'conducting Drug Premises While Exposing a Child to Prohibited Drugs' 'intensive Correction Order' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for ongoing supply of methylamphetamine, supply of cannabis, and further supply of methylamphetamine.' "Whether the offender's subjective circumstances, remorse, rehabilitation and guilty plea justified a sentence other than full-time imprisonment." "Whether the offender's possession matters and conducting drug premises while exposing a child to prohibited drugs should be taken into account on a Form 1." 'Whether the sentence should allow for special circumstances.']

Ratio Decidendi

The offender's repeated and ongoing street-level supply of methylamphetamine and cannabis to numerous purchasers, together with Form 1 matters including drug possession and conducting drug premises while exposing her child to prohibited drugs, was objectively serious and required full-time imprisonment despite her early guilty plea, remorse, rehabilitation prospects and personal hardship; special circumstances justified the structure of the non-parole period within an overall sentence of four years.

Court Disposition

Sentenced to an overall sentence of imprisonment consisting of a non-parole period of two and a half years and a head sentence of four years. Drugs to be destroyed.

Orders

  • ['For count 1, taking into account the Form 1 matters, the offender was sentenced to imprisonment with a non-parole period of eighteen months from 5 August 2011 and a head sentence of three years.' 'For count 2, the offender was sentenced to a fixed term of one year from 5 August 2011.' 'For count 3, the offender...