R v Chami; R v Hassoun; R v Halloum [2021] NSWDC 519

R v Chami; R v Hassoun; R v Halloum [2021] NSWDC 519

The offending was objectively serious and approaching mid-range because it involved an organised cocaine supply syndicate operating for about four months, call centre phones, runners, safe houses, substantial quantities of cocaine and significant proceeds. Halloum's role was slightly higher and his prior record reduced leniency; Chami's role involved bulk cocaine, safe houses, transport and proceeds; Hassoun's role was slightly lower because he was not involved with the Bankstown safe house drugs or shown to handle drugs or receipts. Each offender received a 25% discount for the guilty plea. Subjective factors, reasonable prospects of rehabilitation, remorse, and need for supervision...

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Criminal Sentencing for Supply of a Large Commercial Quantity of Cocaine / Sentence
Outcome
Each offender was convicted and sentenced to imprisonment, with special circumstances found for each.
Legal Topics
['supply Prohibited Drug' 'large Commercial Quantity' 'imprisonment' 'guilty Plea Discount' 'co Offenders and Parity' 'general Deterrence' 'specific Deterrence' 'objective Seriousness' 'form 1 Offences' 'rehabilitation' 'remorse' 'good Character' 'drug Addiction' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug' 'large Commercial Quantity' 'imprisonment' 'guilty Plea Discount' 'co Offenders and Parity' 'general Deterrence' 'specific Deterrence' 'objective Seriousness' 'form 1 Offences' 'rehabilitation' 'remorse' 'good Character' 'drug Addiction' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Supply of a Large Commercial Quantity of Cocaine / Sentence

Legal Issues

  1. 1 ['What sentences should be imposed for each offender for supplying a large commercial quantity of cocaine under s 25(2) of the Drug Misuse and Trafficking Act 1985.' "How the offenders' respective roles in the syndicate, quantities of cocaine, prior records, subjective circumstances, pleas of guilty and prospects of rehabilitation affected objective seriousness and moral culpability." 'Whether special circumstances justified non-parole periods shorter than the usual statutory ratio.' "How Mr Chami's Form 1 offence of possessing ammunition without holding a licence, permit or authority under s 65(3) of the Firearms Act 1996 should be taken into account."]

Ratio Decidendi

The offending was objectively serious and approaching mid-range because it involved an organised cocaine supply syndicate operating for about four months, call centre phones, runners, safe houses, substantial quantities of cocaine and significant proceeds. Halloum's role was slightly higher and his prior record reduced leniency; Chami's role involved bulk cocaine, safe houses, transport and proceeds; Hassoun's role was slightly lower because he was not involved with the Bankstown safe house drugs or shown to handle drugs or receipts. Each offender received a 25% discount for the guilty plea. Subjective factors, reasonable prospects of rehabilitation, remorse, and need for supervision...

Court Disposition

Each offender was convicted and sentenced to imprisonment, with special circumstances found for each.

Orders

  • ['Ahmed Halloum is convicted of the offence.' 'Ahmed Halloum is sentenced to eight years and three months imprisonment commencing on 4 November 2019, taking into account the 25% discount for the plea of guilty.' 'Ahmed Halloum has a non-parole period of five years expiring 3 November 2024.' 'Special circumstances...