R v Khalil; R v Bilson [2019] NSWDC 271

R v Khalil; R v Bilson [2019] NSWDC 271

Given the serious nature of the offences, frequency and quantity of drug supply, managerial role (Khalil), financial benefit, and balancing against the plea, mental health, addiction, and subjective factors, full-time custodial sentences are required for both offenders, with a discount and special circumstances for parole due to rehabilitation needs and first-time fulltime custody.

Parties
Crown: Regina; Offender: Belal Khalil; Offender: Anthony Bilson
Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Criminal / Sentencing
Outcome
Khalil: Convicted and sentenced to 4 years, 3 months imprisonment (non-parole 2 years, 11 months); Bilson: Convicted and sentenced to 3 years imprisonment (non-parole 2 years); special circumstances and drug destruction orders for both; no further action for breaches of bond.
Legal Topics
Sentencing, Drug Offences, Supply of Prohibited Drugs
Criminal Law Sentencing Drug Offences Supply of Prohibited Drugs

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Parties

Regina

Crown

Belal Khalil

Offender

Anthony Bilson

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for supply of large commercial quantity of prohibited drug
  2. 2 Consideration of objective seriousness and subjective circumstances
  3. 3 Application of sentence discounts for early guilty plea

Ratio Decidendi

Given the serious nature of the offences, frequency and quantity of drug supply, managerial role (Khalil), financial benefit, and balancing against the plea, mental health, addiction, and subjective factors, full-time custodial sentences are required for both offenders, with a discount and special circumstances for parole due to rehabilitation needs and first-time fulltime custody.

Court Disposition

Khalil: Convicted and sentenced to 4 years, 3 months imprisonment (non-parole 2 years, 11 months); Bilson: Convicted and sentenced to 3 years imprisonment (non-parole 2 years); special circumstances and drug destruction orders for both; no further action for breaches of bond.

Orders

  • Khalil: Conviction; imprisonment 4 years, 3 months from 7 Dec 2017 to 6 Mar 2022; non-parole until 6 Nov 2020; special circumstances; drug destruction order.
  • Bilson: Conviction (each offence); aggregate imprisonment 3 years from 18 Dec 2017 to 17 Dec 2020; non-parole until 17 Dec 2019; indicative sentences: 2 years, 10 months (H128291301/001), 1 year, 10 months (H66760529/001); special circumstances; drug destruction order.