R v Achmar [2018] NSWDC 461

R v Achmar [2018] NSWDC 461

The sentence imposed reflected the objective seriousness of the supply of a commercial quantity of cocaine, which was below midrange, the distinct but objectively minor firearm offence, and the strong subjective case including remorse, rehabilitation prospects, family circumstances, and expression of special circumstances. A significant downward departure from the standard non-parole period was justified due to these factors and the early guilty plea.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Sentencing / Judgment and Orders After Plea of Guilty
Outcome
Aggregate term of imprisonment imposed
Legal Topics
['sentencing' 'supply of Prohibited Drugs' 'possession of Unregistered Firearm' 'participation in Criminal Group' 'form 1 Matters']
['criminal Law'] ['sentencing' 'supply of Prohibited Drugs' 'possession of Unregistered Firearm' 'participation in Criminal Group' 'form 1 Matters']

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Procedural Posture

Sentencing / Judgment and Orders After Plea of Guilty

Legal Issues

  1. 1 ['Appropriate sentence for supply of commercial quantity of prohibited drug' 'Relevant factors in sentencing for possessing an unregistered firearm' "Consideration of offender's role and motivation in drug enterprise" 'Impact of plea of guilty and expressions of remorse' 'Whether sentence should depart from standard non-parole period' "Effect of 'Form 1' matters in sentencing"]

Ratio Decidendi

The sentence imposed reflected the objective seriousness of the supply of a commercial quantity of cocaine, which was below midrange, the distinct but objectively minor firearm offence, and the strong subjective case including remorse, rehabilitation prospects, family circumstances, and expression of special circumstances. A significant downward departure from the standard non-parole period was justified due to these factors and the early guilty plea.

Court Disposition

Aggregate term of imprisonment imposed

Orders

  • ['The offender is convicted of each offence.' 'Aggregate sentence of imprisonment of 3 years, 8 months, to commence on 7 March 2018 and expiring on 6 November 2021.' 'Non-parole period of 2 years, expiring on 6 March 2020; eligible for release to parole on that date.' 'Indicative sentences: Seq 001 (with Form 1) – 3...