R v Ghahremani [2019] NSWDC 582

R v Ghahremani [2019] NSWDC 582

Because the deemed supply of 7.26 grams of methylamphetamine was at the lower end of objective seriousness, the offender was a street level user/dealer affected by addiction, had pleaded guilty, expressed remorse, had good prospects of rehabilitation through cessation of ice use, and had spent 11 months in Immigration Detention, denunciation and general deterrence could be met by a two-year conditional release order with conviction rather than a custodial sentence.

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Criminal Sentencing for Supply of a Prohibited Drug / Sentence After Guilty Plea
Outcome
The offender was placed on a conditional release order for a period of two years with conviction.
Legal Topics
['supply of Prohibited Drug' 'conditional Release Order' 'deemed Supply' 'methylamphetamine' 'guilty Plea' 'rehabilitation']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'conditional Release Order' 'deemed Supply' 'methylamphetamine' 'guilty Plea' 'rehabilitation']

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Procedural Posture

Criminal Sentencing for Supply of a Prohibited Drug / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for one count of supply a prohibited drug, namely 7.26 grams of methylamphetamine, contrary to s 25(1) of the Drug Misuse and Trafficking Act.' "Whether the offender's addiction, remorse, prospects of rehabilitation, time in Immigration Detention, and guilty plea warranted a measure of clemency and a non-custodial sentence."]

Ratio Decidendi

Because the deemed supply of 7.26 grams of methylamphetamine was at the lower end of objective seriousness, the offender was a street level user/dealer affected by addiction, had pleaded guilty, expressed remorse, had good prospects of rehabilitation through cessation of ice use, and had spent 11 months in Immigration Detention, denunciation and general deterrence could be met by a two-year conditional release order with conviction rather than a custodial sentence.

Court Disposition

The offender was placed on a conditional release order for a period of two years with conviction.

Orders

  • ['The offender is placed on a conditional release order for a period of two years with conviction.' 'He is to be of good behaviour.' 'He is to appear before the Court if called upon.' 'He is to abstain from the use of illicit drugs.' 'In relation to the called up bonds on 2 November 2017, the breach is admitted and...