R v Islam; R v Ahmed [2019] NSWDC 546

R v Islam; R v Ahmed [2019] NSWDC 546

Aggregate custodial sentences imposed on both offenders reflect objective seriousness, leadership and roles in the criminal group, aggravating factors of prior convictions and offences for gain while on bail, and mitigating factors including guilty pleas, remorse, prospects of rehabilitation, drug and mental health issues, and special circumstances warranting longer supervised release. Parity principle observed between co-offenders; no alternatives to full-time custody appropriate.

Parties
Crown: Regina; Offender: Tariqul Islam; Offender: Mustafa Ahmed (aka Liton Sheikh)
Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Criminal / Sentence
Outcome
Conviction and aggregate sentences of imprisonment for both offenders, with non-parole periods and special circumstances found.
Legal Topics
Sentencing, Aggravating Factors, Mitigating Factors, Participation in Criminal Group, Dealing With Identification Information, Co Offenders, Parity, De Simoni/double Counting, Subjective Considerations, Special Circumstances, Drug Addiction, Mental Illness
Criminal Law Sentencing Aggravating Factors Mitigating Factors Participation in Criminal Group Dealing With Identification Information Co Offenders Parity +5 more

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Parties

Regina

Crown

Tariqul Islam

Offender

Mustafa Ahmed (aka Liton Sheikh)

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for participating in criminal group under s 93T Crimes Act 1900
  2. 2 Appropriate sentence for dealing with identification information under s 192J Crimes Act 1900
  3. 3 Assessment of aggravating and mitigating factors

Ratio Decidendi

Aggregate custodial sentences imposed on both offenders reflect objective seriousness, leadership and roles in the criminal group, aggravating factors of prior convictions and offences for gain while on bail, and mitigating factors including guilty pleas, remorse, prospects of rehabilitation, drug and mental health issues, and special circumstances warranting longer supervised release. Parity principle observed between co-offenders; no alternatives to full-time custody appropriate.

Court Disposition

Conviction and aggregate sentences of imprisonment for both offenders, with non-parole periods and special circumstances found.

Orders

  • Islam: Convicted of each offence; aggregate sentence of three years ten months from 18 November 2018; non-parole period two years eight months to 17 July 2021; special circumstances found.
  • Ahmed: Convicted of each offence; aggregate sentence of two years six months from 22 June 2018; non-parole period one year seven months to 21 January 2020; special circumstances found.