R v Eldamouni [2020] NSWDC 807

R v Eldamouni [2020] NSWDC 807

Given the offender's personal circumstances, lack of prior convictions, demonstrations of remorse and rehabilitation, poly drug use context, good character, and family responsibilities, together with the plea of guilty and limited nature of the drug supply, the appropriate sentence for the supply offence is 12 months imprisonment to be served by way of Intensive Correction Order, with a Community Correction Order for 18 months for the possession offence; full-time imprisonment is not warranted.

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted on indictment (supply prohibited drug), taking into account Form 1 matter; sentenced to 12 months imprisonment by Intensive Correction Order. Convicted on related offence (possess prohibited drug), ordered Community Correction Order for 18 months. Other matters withdrawn and dismissed.
Legal Topics
['sentencing' 'supply Prohibited Drug' 'possession of Prohibited Drug' 'intensive Correction Order' 'community Correction Order' 'mitigating Factors' 'poly Drug Use' 'remorse' 'good Character' 'rehabilitation']
['criminal Law'] ['sentencing' 'supply Prohibited Drug' 'possession of Prohibited Drug' 'intensive Correction Order' 'community Correction Order' 'mitigating Factors' 'poly Drug Use' 'remorse' 'good Character' 'rehabilitation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for supplying a prohibited drug (gamma-butyrolactone) in indictable quantity?' 'What is the appropriate sentence for possessing a prohibited drug (cocaine)?' 'What mitigating and aggravating factors are relevant to sentencing in the circumstances of the offender, including substance dependence, family responsibilities, and attempts at rehabilitation?']

Ratio Decidendi

Given the offender's personal circumstances, lack of prior convictions, demonstrations of remorse and rehabilitation, poly drug use context, good character, and family responsibilities, together with the plea of guilty and limited nature of the drug supply, the appropriate sentence for the supply offence is 12 months imprisonment to be served by way of Intensive Correction Order, with a Community Correction Order for 18 months for the possession offence; full-time imprisonment is not warranted.

Court Disposition

Offender convicted on indictment (supply prohibited drug), taking into account Form 1 matter; sentenced to 12 months imprisonment by Intensive Correction Order. Convicted on related offence (possess prohibited drug), ordered Community Correction Order for 18 months. Other matters withdrawn and dismissed.

Orders

  • ['Offender to serve 12 months imprisonment by way of Intensive Correction Order commencing 3 April 2020, with standard conditions.' 'Offender to report to Community Corrections at Bankstown within seven days.' 'Offender not to commit any offence and to submit to supervision as directed.' 'Exceptional circumstances...