R v Elchami [2019] NSWDC 571

R v Elchami [2019] NSWDC 571

Given the seriousness of the offences, the offender's role in the criminal enterprise, limited rehabilitation prospects, and previous criminal history, but having regard to time spent in custody, stringent bail, guilty plea, and personal mitigating circumstances, the appropriate sentence is an aggregate term of imprisonment of 2 years and 8 months to be served by way of an intensive corrections order with conditions including supervision, community service, and ongoing rehabilitation.

Jurisdiction
Australia
Judgment Date
18 March 2019
Procedural Posture
Sentence / Sentencing Decision After Plea of Guilty
Outcome
Aggregate sentence of 2 years 8 months' imprisonment served by intensive corrections order in the community, with conditions.
Legal Topics
['sentencing' 'intensive Correction Orders' 'aggregate Sentences' 'supply of Prohibited Drugs' 'dealing With Proceeds of Crime' 'possession of Prohibited Weapon']
['criminal Law'] ['sentencing' 'intensive Correction Orders' 'aggregate Sentences' 'supply of Prohibited Drugs' 'dealing With Proceeds of Crime' 'possession of Prohibited Weapon']

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Procedural Posture

Sentence / Sentencing Decision After Plea of Guilty

Legal Issues

  1. 1 ['Appropriate sentence for offences including supply of cannabis, possession of prohibited weapon, dealing with proceeds of crime, and participating in a criminal group' 'Application of standard non-parole periods and sentencing principles under Crimes (Sentencing Procedure) Act 1999' 'Appropriate conditions for intensive correction order']

Ratio Decidendi

Given the seriousness of the offences, the offender's role in the criminal enterprise, limited rehabilitation prospects, and previous criminal history, but having regard to time spent in custody, stringent bail, guilty plea, and personal mitigating circumstances, the appropriate sentence is an aggregate term of imprisonment of 2 years and 8 months to be served by way of an intensive corrections order with conditions including supervision, community service, and ongoing rehabilitation.

Court Disposition

Aggregate sentence of 2 years 8 months' imprisonment served by intensive corrections order in the community, with conditions.

Orders

  • ['Aggregate sentence of imprisonment for 2 years and 8 months to be served by way of an intensive corrections order.' 'Offender to be supervised by Community Corrections, not to commit any offence.' '200 hours of community service.' 'Continuation of drug and alcohol rehabilitation program with Giving Back...