R v Zreika [2023] NSWDC 586

R v Zreika [2023] NSWDC 586

The principal offences required full-time imprisonment. The methylamphetamine supply offences were slightly below the mid-range of objective seriousness because the quantity was towards the upper limit of the commercial quantity, the purity was 76 per cent, and the offender had a significant but somewhat subservient role. The offensive weapon offence was towards, but not at, the bottom of the range. After allowing a 25 per cent discount for the early plea, considering the Form 1 matters, and finding special circumstances due to rehabilitation prospects, age, first custody and significant isolation in custody, the Court imposed an aggregate sentence of 3 years imprisonment with a...

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Criminal Sentencing / Sentence Following Early Plea of Guilty
Outcome
The offender was sentenced to an aggregate term of imprisonment of 3 years, with a non-parole period from 24 May 2022 expiring on 15 December 2023 and balance expiring on 23 May 2025.
Legal Topics
['possess Offensive Weapon With Intent to Commit Indictable Offence' 'supply Prohibited Drugs Greater Than the Commercial Quantity' 'form 1 Matters' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['possess Offensive Weapon With Intent to Commit Indictable Offence' 'supply Prohibited Drugs Greater Than the Commercial Quantity' 'form 1 Matters' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Early Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for possessing an offensive weapon with intent to commit an indictable offence and two offences of supplying methylamphetamine greater than the commercial quantity.' 'How the Form 1 offences should affect the sentences for sequences 15 and 16.' "The objective seriousness of the principal offences, including quantity and purity of methylamphetamine and the offender's role." "The weight to be given to the offender's subjective circumstances, substance use disorder, mental health, remorse, deterrence and rehabilitation." 'Whether special circumstances justified varying the statutory ratio for the non-parole period.']

Ratio Decidendi

The principal offences required full-time imprisonment. The methylamphetamine supply offences were slightly below the mid-range of objective seriousness because the quantity was towards the upper limit of the commercial quantity, the purity was 76 per cent, and the offender had a significant but somewhat subservient role. The offensive weapon offence was towards, but not at, the bottom of the range. After allowing a 25 per cent discount for the early plea, considering the Form 1 matters, and finding special circumstances due to rehabilitation prospects, age, first custody and significant isolation in custody, the Court imposed an aggregate sentence of 3 years imprisonment with a...

Court Disposition

The offender was sentenced to an aggregate term of imprisonment of 3 years, with a non-parole period from 24 May 2022 expiring on 15 December 2023 and balance expiring on 23 May 2025.

Orders

  • ['For the three principal offences, Abraham Zreika is sentenced to an aggregate term of imprisonment of 3 years.' 'The non-parole period is fixed to date from 24 May 2022 and to expire on 15 December 2023.' 'The balance is fixed to date from 16 December 2023 and to expire on 23 May 2025.']