R v Khaddam [2019] NSWDC 732

R v Khaddam [2019] NSWDC 732

The offender's supply offence was objectively serious because he knowingly participated in purchasing well above a kilogram of purported cocaine with a large amount of visible cash, but his culpability was reduced to a limited extent because he acted under direction, had a lower role, the police controlled operation involved inert substance, and his substance use and untreated psychological issues modestly reduced moral culpability. Taking into account the early guilty plea, lack of prior convictions, remorse, favourable rehabilitation prospects, youth, drug addiction, family support and special circumstances, a sentence of 4 years and 2 months with a non-parole period of 2 years and 1...

Jurisdiction
Australia
Judgment Date
05 September 2019
Procedural Posture
Criminal Sentence / Sentencing After Early Guilty Plea
Outcome
Offender convicted and sentenced to imprisonment for 4 years and 2 months with a non-parole period of 2 years and 1 month.
Legal Topics
['supply of Large Commercial Quantity of Cocaine' 'imprisonment' 'non Parole Period' 'general Deterrence' 'mitigating Factors' 'special Circumstances' 'police Controlled Operation']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Large Commercial Quantity of Cocaine' 'imprisonment' 'non Parole Period' 'general Deterrence' 'mitigating Factors' 'special Circumstances' 'police Controlled Operation']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying a large commercial quantity of cocaine under s 25(s) of the Drug Misuse and Trafficking Act 1985.' 'The objective seriousness of the offending, including the quantity the offender knew he was purchasing and his role while acting under direction of others.' "Whether the involvement of police operatives in the controlled operation diminished the offender's moral culpability." 'The impact of mitigating factors including early guilty plea, no prior convictions, remorse, rehabilitation prospects, youth, drug addiction and special circumstances.']

Ratio Decidendi

The offender's supply offence was objectively serious because he knowingly participated in purchasing well above a kilogram of purported cocaine with a large amount of visible cash, but his culpability was reduced to a limited extent because he acted under direction, had a lower role, the police controlled operation involved inert substance, and his substance use and untreated psychological issues modestly reduced moral culpability. Taking into account the early guilty plea, lack of prior convictions, remorse, favourable rehabilitation prospects, youth, drug addiction, family support and special circumstances, a sentence of 4 years and 2 months with a non-parole period of 2 years and 1...

Court Disposition

Offender convicted and sentenced to imprisonment for 4 years and 2 months with a non-parole period of 2 years and 1 month.

Orders

  • ['The offender is convicted of the offence.' 'A sentence of imprisonment of 4 years 2 months is imposed, to commence on 3 July 2018.' 'A non-parole period of 2 years 1 month is imposed, expiring on 2 August 2020, with the offender eligible for release to parole on that date.' 'Special circumstances are found.']