R v Rustom; R v Vernon [2017] NSWDC 245

R v Rustom; R v Vernon [2017] NSWDC 245

Each offender, having pleaded guilty to commercial supply of 355 grams of cocaine in a joint criminal enterprise below the midrange of objective seriousness and considering early pleas, personal circumstances including addiction and rehabilitation efforts, is sentenced to imprisonment with a reduced non-parole period due to special circumstances. Both are not considered worst case offenders nor suitable for non-custodial sentences; special circumstances justify lower non-parole periods to support rehabilitation under community corrections after release.

Parties
Prosecution: Regina (Crown); Offender: Waeil Rustom; Offender: Robert Max Vernon
Jurisdiction
Australia
Judgment Date
02 August 2017
Procedural Posture
Criminal / Sentence
Outcome
Both offenders convicted. Rustom sentenced to 5 years and 3 months imprisonment with a non-parole period of 3 years, 3 months; Vernon sentenced to 3 years and 9 months imprisonment with a non-parole period of 2 years.
Legal Topics
Sentencing, Drug Offences, Co Offenders, Supply of Prohibited Drugs, Commercial Quantity
Criminal Law Sentencing Drug Offences Co Offenders Supply of Prohibited Drugs Commercial Quantity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Regina (Crown)

Prosecution

Waeil Rustom

Offender

Robert Max Vernon

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for each offender, having pleaded guilty to commercial supply of cocaine in a joint criminal enterprise?
  2. 2 Should non-parole periods be set below the standard NPP and are there special circumstances justifying this?
  3. 3 How do personal circumstances and rehabilitation efforts affect sentencing?

Ratio Decidendi

Each offender, having pleaded guilty to commercial supply of 355 grams of cocaine in a joint criminal enterprise below the midrange of objective seriousness and considering early pleas, personal circumstances including addiction and rehabilitation efforts, is sentenced to imprisonment with a reduced non-parole period due to special circumstances. Both are not considered worst case offenders nor suitable for non-custodial sentences; special circumstances justify lower non-parole periods to support rehabilitation under community corrections after release.

Court Disposition

Both offenders convicted. Rustom sentenced to 5 years and 3 months imprisonment with a non-parole period of 3 years, 3 months; Vernon sentenced to 3 years and 9 months imprisonment with a non-parole period of 2 years.

Orders

  • Waeil Rustom: NPP 3 years, 3 months from 18/11/15 to 17/2/19; balance 2 years to 17/2/21; total 5 years 3 months. Form 1 matters taken into account. Special circumstances found.
  • Robert Max Vernon: NPP 2 years from 18/09/15 to 17/9/17; balance 1 year, 9 months to 17/6/19; total 3 years 9 months. Form 1 matters taken into account. Special circumstances found.