R v Youkhanna [2021] NSWDC 513

R v Youkhanna [2021] NSWDC 513

The offence is serious and warrants general and personal deterrence and denunciation. While the offender was reckless rather than knowingly transporting cocaine, recklessness is not significantly less culpable. The offender is at the lower end of objective seriousness, and, taking into account remorse, limited involvement, positive character, and a 25% utilitarian discount for the plea, the appropriate sentence is 4 years imprisonment with a non-parole period of 2 years and 6 months.

Parties
Prosecution: The Crown - Cth; Offender: Ashoor Youkhana
Jurisdiction
Australia
Judgment Date
01 March 2021
Procedural Posture
Criminal / Sentence
Outcome
The offender is sentenced to imprisonment for a period of 4 years, with a non-parole period of 2 years and 6 months, applying a 25% utilitarian discount.
Legal Topics
Sentence, Possess Commercial Quantity of Border Controlled Drugs, Cocaine, Role of Courier
Criminal Law Sentence Possess Commercial Quantity of Border Controlled Drugs Cocaine Role of Courier

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Parties

The Crown - Cth

Prosecution

Ashoor Youkhana

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for possession of a commercial quantity of border controlled drugs (cocaine) as a courier
  2. 2 Application of utilitarian discount for plea of guilty to Commonwealth offences
  3. 3 Consideration of offender's knowledge or recklessness as to the contents of the delivered bag

Ratio Decidendi

The offence is serious and warrants general and personal deterrence and denunciation. While the offender was reckless rather than knowingly transporting cocaine, recklessness is not significantly less culpable. The offender is at the lower end of objective seriousness, and, taking into account remorse, limited involvement, positive character, and a 25% utilitarian discount for the plea, the appropriate sentence is 4 years imprisonment with a non-parole period of 2 years and 6 months.

Court Disposition

The offender is sentenced to imprisonment for a period of 4 years, with a non-parole period of 2 years and 6 months, applying a 25% utilitarian discount.

Orders

  • Imprisonment for 4 years commencing 1 March 2020
  • Non-parole period of 2 years and 6 months