R v Dahdah [2021] NSWDC 810

R v Dahdah [2021] NSWDC 810

The ongoing supply offence, with Form 1 matters, and the supply offence warranted imprisonment, but after a 25% discount for the guilty pleas, consideration of time already spent in custody, below mid-range objective seriousness, absence of significant prior convictions, remorse, insight, family support, and reasonable but guarded rehabilitation prospects, and because there was no evidence that community safety would be compromised, an aggregate sentence of two years' imprisonment was appropriate to be served by way of an intensive correction order.

Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Criminal Sentence for Drug Offences / Sentencing After Pleas of Guilty
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of two years to be served by way of an intensive correction order commencing 23 November 2021.
Legal Topics
['ongoing Supply Prohibited Drug' 'supply Prohibited Drug' 'possess Prohibited Drug' 'form 1 Offences' 'intensive Correction Order' 'plea of Guilty' 'rehabilitation' 'remorse' 'drug Addiction' 'community Safety']
['criminal Law' 'sentencing' 'drug Offences'] ['ongoing Supply Prohibited Drug' 'supply Prohibited Drug' 'possess Prohibited Drug' 'form 1 Offences' 'intensive Correction Order' 'plea of Guilty' 'rehabilitation' 'remorse' 'drug Addiction' 'community Safety']

Case Brief

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Procedural Posture

Criminal Sentence for Drug Offences / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for ongoing supply of prohibited drug, supply prohibited drug, and Form 1 matters.' 'Whether the sentence should be served by way of an intensive correction order.' "How the offender's guilty pleas, time in custody, subjective circumstances, rehabilitation prospects, drug addiction, and risk of reoffending should affect sentence."]

Ratio Decidendi

The ongoing supply offence, with Form 1 matters, and the supply offence warranted imprisonment, but after a 25% discount for the guilty pleas, consideration of time already spent in custody, below mid-range objective seriousness, absence of significant prior convictions, remorse, insight, family support, and reasonable but guarded rehabilitation prospects, and because there was no evidence that community safety would be compromised, an aggregate sentence of two years' imprisonment was appropriate to be served by way of an intensive correction order.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of two years to be served by way of an intensive correction order commencing 23 November 2021.

Orders

  • ['The offender is convicted of each offence.' 'Taking into account a discount of 25% for the pleas of guilty, the indicative sentence for sequence 1, taking into account the Form 1 matters (Sequence 16, 17, 19, 20, 21), is 2 years.' 'Taking into account a discount of 25% for the pleas of guilty, the indicative...