R v Dahmoul [2019] NSWDC 920

R v Dahmoul [2019] NSWDC 920

The offending was serious and required full-time custody because the offender took an active role in a significant drug enterprise involving more than 20 kilograms of cannabis, 246.4 grams of MDMA and substantial cash, although the MDMA offence was assessed as below the middle range but just below for an offence of its type. After allowing 10 percent for the utilitarian value of the guilty pleas, recognising remorse, hardship, drug addiction, limited record, reasonable prospects of rehabilitation, totality and special circumstances for treatment and reintegration, an aggregate sentence of six years with a non-parole period of three years was appropriate.

Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Criminal Sentencing for Drug Offences / Sentence After Guilty Pleas
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of six years with a non-parole period of three years.
Legal Topics
['supply Prohibited Drug' 'supply Commercial Quantity Prohibited Drug' 'cannabis' '3, 4 Methylenedioxymethamphetamine' 'drug Addiction' 'remorse' 'hardship' 'special Circumstances' 'aggregate Sentence' 'form 1 Offences']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'supply Commercial Quantity Prohibited Drug' 'cannabis' '3,4 Methylenedioxymethamphetamine' 'drug Addiction' 'remorse' 'hardship' 'special Circumstances' 'aggregate Sentence' 'form 1 Offences']

Case Brief

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Procedural Posture

Criminal Sentencing for Drug Offences / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 20,519.4 grams of cannabis and 246.4 grams of 3,4-methylenedioxymethamphetamine, with additional Form 1 offences taken into account.' 'The objective seriousness of the commercial quantity MDMA supply offence.' "The weight to be given to the offender's guilty pleas, remorse, drug addiction, limited record, hardship in custody, prospects of rehabilitation and parity considerations." 'Whether special circumstances justified a reduction in the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

The offending was serious and required full-time custody because the offender took an active role in a significant drug enterprise involving more than 20 kilograms of cannabis, 246.4 grams of MDMA and substantial cash, although the MDMA offence was assessed as below the middle range but just below for an offence of its type. After allowing 10 percent for the utilitarian value of the guilty pleas, recognising remorse, hardship, drug addiction, limited record, reasonable prospects of rehabilitation, totality and special circumstances for treatment and reintegration, an aggregate sentence of six years with a non-parole period of three years was appropriate.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of six years with a non-parole period of three years.

Orders

  • ['The offender is convicted.' 'An aggregate sentence of six years is imposed, commencing on 3 October 2017 and expiring on 2 October 2023.' 'The aggregate non-parole period is three years, commencing on 3 October 2017 and expiring on 2 October 2020.' 'The offender will be eligible for consideration for release to...