R v Hussanein [2020] NSWDC 468

R v Hussanein [2020] NSWDC 468

Having regard to the seriousness of the ongoing supply offence, prior criminal history, the degree of criminality, mitigating personal circumstances (traumatic background, onerous prison conditions), demonstrated remorse, likelihood of rehabilitation, and the principles of totality and concurrency, a sentence of 4 years 3 months imprisonment with a non-parole period of 2 years 3 months is appropriate, commencing 1 June 2022; co-offender's lesser role and limited offending justify a significantly lower sentence for him.

Parties
Prosecution: Regina; Offender: Mohammed Hussanein
Jurisdiction
Australia
Judgment Date
20 August 2020
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to a term of imprisonment of 4 years 3 months; non-parole period 2 years 3 months imprisonment.
Legal Topics
Sentencing, Drug Offences, Dealing With Proceeds of Crime
Criminal Law Sentencing Drug Offences Dealing With Proceeds of Crime

Case Brief

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Parties

Regina

Prosecution

Mohammed Hussanein

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for supply of prohibited drug (methylamphetamine) on an ongoing basis
  2. 2 How traumatic personal history and prison conditions impact sentencing
  3. 3 Application of concurrency, totality, and parity principles in sentencing

Ratio Decidendi

Having regard to the seriousness of the ongoing supply offence, prior criminal history, the degree of criminality, mitigating personal circumstances (traumatic background, onerous prison conditions), demonstrated remorse, likelihood of rehabilitation, and the principles of totality and concurrency, a sentence of 4 years 3 months imprisonment with a non-parole period of 2 years 3 months is appropriate, commencing 1 June 2022; co-offender's lesser role and limited offending justify a significantly lower sentence for him.

Court Disposition

Sentenced to a term of imprisonment of 4 years 3 months; non-parole period 2 years 3 months imprisonment.

Orders

  • Offender to be imprisoned for 4 years 3 months, commencing 1 June 2022 with non-parole period expiring 31 August 2024.