R v Ajaj [2019] NSWDC 475

R v Ajaj [2019] NSWDC 475

The serious nature of Ajaj's sustained supply of methylamphetamine and dealing with proceeds of crime, aggravated by his offending while on conditional liberty and as part of an organised operation, and balanced against some mitigating factors (rehabilitation prospects, remorse, plea of guilty), warranted an aggregate term of imprisonment of 4 years and 3 months with a non-parole period of 2 years and 9 months, with convictions and confiscation orders imposed. Parity with co-offender Loy was considered but distinguished on quantum, record, and circumstances.

Parties
Crown: Regina; Offender: Ali Ajaj
Jurisdiction
Australia
Judgment Date
19 January 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment of 4 years, 3 months with a non-parole period of 2 years, 9 months; conviction on all counts; drug destruction and confiscation orders made.
Legal Topics
Sentencing, Drug Offences, Proceeds of Crime, Aggravating and Mitigating Factors, Conditional Liberty, Co Offenders and Parity
Criminal Law Sentencing Drug Offences Proceeds of Crime Aggravating and Mitigating Factors Conditional Liberty Co Offenders and Parity

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Parties

Regina

Crown

Ali Ajaj

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for offences of dealing with proceeds of crime and supplying methylamphetamine, considering aggravating and mitigating factors, and parity with co-offenders?

Ratio Decidendi

The serious nature of Ajaj's sustained supply of methylamphetamine and dealing with proceeds of crime, aggravated by his offending while on conditional liberty and as part of an organised operation, and balanced against some mitigating factors (rehabilitation prospects, remorse, plea of guilty), warranted an aggregate term of imprisonment of 4 years and 3 months with a non-parole period of 2 years and 9 months, with convictions and confiscation orders imposed. Parity with co-offender Loy was considered but distinguished on quantum, record, and circumstances.

Court Disposition

Aggregate sentence of imprisonment of 4 years, 3 months with a non-parole period of 2 years, 9 months; conviction on all counts; drug destruction and confiscation orders made.

Orders

  • The offender is convicted of each offence.
  • Aggregate sentence of imprisonment of 4 years, 3 months (18 April 2018 to 17 July 2022).