R v Ismael [2022] NSWDC 560

R v Ismael [2022] NSWDC 560

Given the objective seriousness of the offences, the large quantity of MDMA (over double the threshold for commercial quantity), and the presence of a loaded, functioning pistol and cash reasonably suspected to be proceeds of crime, a full-time custodial sentence is necessary for punishment, deterrence, and community protection. The court found special circumstances warranting a varied ratio between head sentence and non-parole period. The aggregate sentence reflects discrete criminality in each offence and factors in plea discount, pandemic hardship, and the offender's background.

Parties
Crown: NSW DPP; Offender: Michael Ismael
Jurisdiction
Australia
Judgment Date
04 February 2022
Procedural Posture
Sentence / Final Orders After Plea of Guilty
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 4 years 10 months with a non-parole period of 3 years; forfeiture order made regarding seized cash; finding of special circumstances.
Legal Topics
Sentencing, Drug Offences, Possession of Firearm, Proceeds of Crime
Criminal Law Sentencing Drug Offences Possession of Firearm Proceeds of Crime

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Parties

NSW DPP

Crown

Michael Ismael

Offender

Procedural Posture

Sentence / Final Orders After Plea of Guilty

Legal Issues

  1. 1 Appropriate sentence for supply of commercial quantity of MDMA
  2. 2 Possession of unauthorised pistol
  3. 3 Dealing with proceeds of crime

Ratio Decidendi

Given the objective seriousness of the offences, the large quantity of MDMA (over double the threshold for commercial quantity), and the presence of a loaded, functioning pistol and cash reasonably suspected to be proceeds of crime, a full-time custodial sentence is necessary for punishment, deterrence, and community protection. The court found special circumstances warranting a varied ratio between head sentence and non-parole period. The aggregate sentence reflects discrete criminality in each offence and factors in plea discount, pandemic hardship, and the offender's background.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 4 years 10 months with a non-parole period of 3 years; forfeiture order made regarding seized cash; finding of special circumstances.

Orders

  • Aggregate imprisonment of 4 years 10 months from 27/10/20 to 26/8/25 with NPP of 3 years expiring 26/10/23.
  • Forfeiture order for $102,850 cash as per signed Consent Order.