R v MUUSTAFA [2011] NSWDC 238

A significant custodial sentence is appropriate due to the objective seriousness of supplying a commercial quantity of cocaine while possessing a loaded firearm, but exceptional hardship to an innocent disabled sibling justifies a substantial reduction from the standard non-parole periods.

Parties: Prosecution: The Crown; Offender: Adel Muustafa
Jurisdiction: Australia
Judgment Date: 02 December 2011
Procedural Posture: Criminal / Sentencing
Outcome: Sentenced to an effective overall sentence of 7 years imprisonment with a non-parole period of 4 years
Legal Topics: Sentence, Possess Unauthorised and Prohibited Firearm, Supply Commercial Quantity of Prohibited Drug, Cocaine, Hardship to Third Parties

Criminal Law Sentence Possess Unauthorised and Prohibited Firearm Supply Commercial Quantity of Prohibited Drug Cocaine Hardship to Third Parties

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Parties

The Crown

Prosecution

Adel Muustafa

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether hardship to third parties (family members) should mitigate sentence
2 Appropriate sentence for commercial supply of cocaine and possession of unauthorised/prohibited firearm

Ratio Decidendi

Court Disposition

Sentenced to an effective overall sentence of 7 years imprisonment with a non-parole period of 4 years

Orders

For the offence of possessing the firearm: 3 years imprisonment, non-parole period 2 years from 8 December 2010.
For the offence of supplying a prohibited drug: 6 years imprisonment, non-parole period 3 years from 8 December 2011.