R v El-Achi [2020] NSWDC 654

R v El-Achi [2020] NSWDC 654

Given the low objective seriousness of the offending, the offender's age, health, strong subjective circumstances, and low risk of re-offending, the purposes of sentencing can be met by a Community Correction Order rather than a custodial sentence. The threshold for mandatory imprisonment under s 5 of the Crimes (Sentencing Procedure) Act 1999 was not crossed.

Parties
Prosecution: Director of Public Prosecutions (Crown); Offender: Elia Jean El-Achi
Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Criminal / Sentence
Outcome
Community Correction Order imposed; convictions recorded.
Legal Topics
Supply of Prohibited Drugs, Dealing With Proceeds of Crime, Sentencing Principles, Community Correction Order
Criminal Law Supply of Prohibited Drugs Dealing With Proceeds of Crime Sentencing Principles Community Correction Order

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Parties

Director of Public Prosecutions (Crown)

Prosecution

Elia Jean El-Achi

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for ongoing supply of a prohibited drug and for dealing with property suspected of being proceeds of crime given the offender's subjective and objective circumstances?
  2. 2 Has the threshold for imposing a sentence of imprisonment been crossed under s 5 of the Crimes (Sentencing Procedure) Act 1999?

Ratio Decidendi

Given the low objective seriousness of the offending, the offender's age, health, strong subjective circumstances, and low risk of re-offending, the purposes of sentencing can be met by a Community Correction Order rather than a custodial sentence. The threshold for mandatory imprisonment under s 5 of the Crimes (Sentencing Procedure) Act 1999 was not crossed.

Court Disposition

Community Correction Order imposed; convictions recorded.

Orders

  • Conviction for offence pursuant to s 25A(1) of the Drug Misuse and Trafficking Act 1985 (Sequence 7).
  • Conviction for offence pursuant to s 193C(2) of the Crimes Act 1900 (Sequence 9).