R v Boutros [2013] NSWDC 291

R v Boutros [2013] NSWDC 291

Given the relatively low level of criminality, lack of evidence of financial gain, positive prior good character, and brief custodial experience, the appropriate sentence is two years imprisonment to be assessed for suitability to serve by way of an Intensive Corrections Order, rather than fulltime custody.

Parties
Prosecution: The Crown; Offender: Charbel Boutros
Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Criminal / Sentence
Outcome
Matter adjourned for assessment as to suitability for Intensive Corrections Order; offender continued on bail.
Legal Topics
Sentence, Attempt to Possess Marketable Quantity of Cocaine
Criminal Law Sentence Attempt to Possess Marketable Quantity of Cocaine

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Parties

The Crown

Prosecution

Charbel Boutros

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for attempt to possess a marketable quantity of cocaine
  2. 2 Whether offender should serve sentence by way of Intensive Corrections Order
  3. 3 Significance of prior good character on sentencing

Ratio Decidendi

Given the relatively low level of criminality, lack of evidence of financial gain, positive prior good character, and brief custodial experience, the appropriate sentence is two years imprisonment to be assessed for suitability to serve by way of an Intensive Corrections Order, rather than fulltime custody.

Court Disposition

Matter adjourned for assessment as to suitability for Intensive Corrections Order; offender continued on bail.

Orders

  • Adjourn the matter till 2 pm on Friday 7 March.
  • Continue Mr Boutros' bail to that occasion.