R v Daniali [2018] NSWDC 440

R v Daniali [2018] NSWDC 440

The aggregate sentence imposed reflected multiple offences involving the supply of large commercial quantities of methylamphetamine, the offender's leading role, application of a 35% discount for early guilty plea and assistance, acknowledgment of special circumstances due to medical and psychological factors, and appropriate application of sentencing principles including accumulation and totality.

Parties
Crown: Regina; Offender: Esmail Daniali
Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment imposed with non-parole period and finding of special circumstances.
Legal Topics
Sentencing, Supply of Prohibited Drugs, Participation in Criminal Group, Money Laundering, Discount for Assistance, Aggregate Sentencing
Criminal Law Sentencing Supply of Prohibited Drugs Participation in Criminal Group Money Laundering Discount for Assistance Aggregate Sentencing

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Parties

Regina

Crown

Esmail Daniali

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple offences involving supply of large commercial quantities of prohibited drugs
  2. 2 Consideration of discounts for guilty plea and assistance to authorities
  3. 3 Assessment of offender's subjective circumstances for mitigation of sentence

Ratio Decidendi

The aggregate sentence imposed reflected multiple offences involving the supply of large commercial quantities of methylamphetamine, the offender's leading role, application of a 35% discount for early guilty plea and assistance, acknowledgment of special circumstances due to medical and psychological factors, and appropriate application of sentencing principles including accumulation and totality.

Court Disposition

Aggregate term of imprisonment imposed with non-parole period and finding of special circumstances.

Orders

  • The offender is convicted of each offence.
  • Aggregate sentence of imprisonment of 7 years 2 months, commencing 14 June 2017 and expiring 13 August 2024.