R v Fadel [2019] NSWDC 26

R v Fadel [2019] NSWDC 26

The offences were serious drug supply offences of objective seriousness towards the middle of the range, committed while the offender was on conditional liberty, but the offender was entitled to a 25% discount for early guilty pleas and had demonstrated remorse and reasonably good rehabilitation prospects. Taking into account the Form 1 matters, the section 166 certificate offences, totality, accumulation with the existing sentence, and special circumstances requiring extended supervision, an aggregate sentence of 4 years imprisonment with a non-parole period of 2 years and 3 months was appropriate.

Jurisdiction
Australia
Judgment Date
08 January 2019
Procedural Posture
Criminal Sentencing / Sentence
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 3 months.
Legal Topics
['supply of Prohibited Drugs' 'ongoing Supply of Prohibited Drugs' 'form 1 Offences' 'section 166 Certificate Offences' 'drive Whilst Disqualified' 'totality' 'special Circumstances' 'guilty Plea']
['criminal Law' 'sentencing'] ['supply of Prohibited Drugs' 'ongoing Supply of Prohibited Drugs' 'form 1 Offences' 'section 166 Certificate Offences' 'drive Whilst Disqualified' 'totality' 'special Circumstances' 'guilty Plea']

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 Sentencing / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for multiple drug supply offences, Form 1 matters, and drive whilst disqualified offences.' "How the principles of totality and accumulation should apply given the offender's existing custodial sentence." 'Whether special circumstances should be found to allow an extended period of supervision.' "What weight should be given to the offender's guilty pleas, remorse, rehabilitation prospects, subjective circumstances and family circumstances."]

Ratio Decidendi

The offences were serious drug supply offences of objective seriousness towards the middle of the range, committed while the offender was on conditional liberty, but the offender was entitled to a 25% discount for early guilty pleas and had demonstrated remorse and reasonably good rehabilitation prospects. Taking into account the Form 1 matters, the section 166 certificate offences, totality, accumulation with the existing sentence, and special circumstances requiring extended supervision, an aggregate sentence of 4 years imprisonment with a non-parole period of 2 years and 3 months was appropriate.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 3 months.

Orders

  • ['The offender is convicted of each offence.' 'An aggregate sentence of imprisonment of 4 years is imposed, to commence on 24 November 2018 and expire on 23 November 2022.' 'A non-parole period of 2 years and 3 months is imposed, expiring on 23 February 2021, with the offender eligible for release to parole on that...