R v Azzi (No 2) [2020] NSWSC 989

R v Azzi (No 2) [2020] NSWSC 989

Because the related offences on the amended s 166 Certificate had not been fully dealt with, and the offender had pleaded guilty to those charges, the Court was required to sentence the offender for them under the Criminal Procedure Act 1986 (NSW). It was not appropriate to impose no sentence; instead the offender was convicted and given fixed terms of imprisonment to operate concurrently from the date of arrest, without non-parole periods, and those sentences had expired by their making.

Jurisdiction
Australia
Judgment Date
11 March 2020
Procedural Posture
Criminal Sentence / Sentencing of Related Offences on Amended S 166 Certificate After Trial
Outcome
Offender convicted and sentenced on three related offences on the amended s 166 Certificate; all sentences were fixed terms commencing 7 November 2016 and had expired by their making.
Legal Topics
['sentence' 's 166 Certificate' 'related Offences' 'prohibited Drug Possession' 'contravention of Apprehended Violence Order' 'carrying Cutting Weapon' 'concurrent Sentences']
['criminal Law'] ['sentence' 's 166 Certificate' 'related Offences' 'prohibited Drug Possession' 'contravention of Apprehended Violence Order' 'carrying Cutting Weapon' 'concurrent Sentences']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing of Related Offences on Amended S 166 Certificate After Trial

Legal Issues

  1. 1 ['Whether the erroneous s 166 Certificate should be amended or reissued.' 'Whether the earlier reasons on sentence should be adjusted to refer to the s 166 Certificate offences in their proper form.' 'Whether sentences should be imposed for the offences appearing on the amended s 166 Certificate.' 'Whether it was appropriate to impose no further penalty for the related offences or instead impose fixed terms of imprisonment.']

Ratio Decidendi

Because the related offences on the amended s 166 Certificate had not been fully dealt with, and the offender had pleaded guilty to those charges, the Court was required to sentence the offender for them under the Criminal Procedure Act 1986 (NSW). It was not appropriate to impose no sentence; instead the offender was convicted and given fixed terms of imprisonment to operate concurrently from the date of arrest, without non-parole periods, and those sentences had expired by their making.

Court Disposition

Offender convicted and sentenced on three related offences on the amended s 166 Certificate; all sentences were fixed terms commencing 7 November 2016 and had expired by their making.

Orders

  • ["Adam Jay Azzi, I convict you of the offence of possess prohibited drug, contrary to s 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW). You are sentenced to a fixed term of 3 months' imprisonment, commencing 7 November 2016 and ending 6 February 2017." "Adam Jay Azzi, I convict you of the offence of...