R v Safi; R v Aswad [2019] NSWDC 231

R v Safi; R v Aswad [2019] NSWDC 231

The drug supply enterprise was organised and lucrative, but the quantities and purities placed the offences below the mid-range of seriousness; Mr Safi's culpability was higher than Mr Aswad's because he was higher in the hierarchy. Full-time imprisonment was required, but the aggregate sentences and reduced non-parole periods reflected the guilty pleas, delay partly not attributable to the offenders, significant rehabilitation, remorse, mental health and addiction histories contributing to the offending, compliance with strict bail, and special circumstances.

Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Criminal Sentencing for Drug Supply and Related Offences / Sentence After Pleas of Guilty
Outcome
Both offenders were sentenced to aggregate terms of full-time imprisonment. Mr Safi was sentenced to 5 years 6 months imprisonment with a non-parole period of 3 years. Mr Aswad was sentenced to 4 years 6 months imprisonment with a non-parole period of 2 years 6 months.
Legal Topics
['supply of Prohibited Drugs' 'commercial Quantity of Cocaine' 'form 1 Offences' 'prescribed Restricted Substances' 'guilty Plea Discount' 'rehabilitation' 'delay' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drugs' 'commercial Quantity of Cocaine' 'form 1 Offences' 'prescribed Restricted Substances' 'guilty Plea Discount' 'rehabilitation' 'delay' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Drug Supply and Related Offences / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What aggregate sentence should be imposed on each offender for supplying 15.82 grams of 3,4 MDMA and a commercial quantity of cocaine.' "How the Form 1 offences should affect Mr Safi's sentence for count 2." 'Whether the standard non-parole period should be imposed for the commercial supply offence.' "What weight should be given to the offenders' guilty pleas, rehabilitation, mental health and drug dependence, delay, onerous bail conditions, and special circumstances."]

Ratio Decidendi

The drug supply enterprise was organised and lucrative, but the quantities and purities placed the offences below the mid-range of seriousness; Mr Safi's culpability was higher than Mr Aswad's because he was higher in the hierarchy. Full-time imprisonment was required, but the aggregate sentences and reduced non-parole periods reflected the guilty pleas, delay partly not attributable to the offenders, significant rehabilitation, remorse, mental health and addiction histories contributing to the offending, compliance with strict bail, and special circumstances.

Court Disposition

Both offenders were sentenced to aggregate terms of full-time imprisonment. Mr Safi was sentenced to 5 years 6 months imprisonment with a non-parole period of 3 years. Mr Aswad was sentenced to 4 years 6 months imprisonment with a non-parole period of 2 years 6 months.

Orders

  • ['Mr Safi was sentenced to 5 years 6 months imprisonment with a non-parole period of 3 years, to date from 20 April 2019, expiring on 19 April 2022.' "For Mr Safi's 12 offences on the s 166 certificate, convictions were recorded and no further penalty was imposed pursuant to s 10A of the Crimes (Sentencing...