R v Kammoun; R v Kammoun [2024] NSWDC 120

R v Kammoun; R v Kammoun [2024] NSWDC 120

Both offenders were principals in a dial-a-dealer joint criminal enterprise supplying cannabis for financial gain through a run phone, safe house and runner, with significant numbers of transactions. The offences were serious and required imprisonment. Abdullah Kammoun received some leniency for no criminal history, good character, remorse, low risk of reoffending, family support and onerous custody, but his mental health did not materially reduce culpability and general deterrence carried greater weight because he was a police officer. Osman Kammoun's sentence was aggravated by his criminal history and commission of the offences while on conditional liberty; his remorse was accepted only...

Jurisdiction
Australia
Judgment Date
05 March 2024
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Both offenders were convicted and sentenced. Abdullah Kammoun received an aggregate sentence of imprisonment of 3 years and 4 months with a non-parole period of 2 years. Osman Kammoun received an aggregate sentence of imprisonment of 3 years and 8 months with a non-parole period of 2 years and 3 months, and a...
Legal Topics
['supply Prohibited Drug' 'indictable Quantity' 'proceeds of Crime' 'aggregate Sentence' 'form 1 Offences' 'special Circumstances' 'mental Health in Sentencing' 'conditional Liberty']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'indictable Quantity' 'proceeds of Crime' 'aggregate Sentence' 'form 1 Offences' 'special Circumstances' 'mental Health in Sentencing' 'conditional Liberty']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['Assessment of the objective seriousness of multiple cannabis supply offences and proceeds of crime offences committed through a dial-a-dealer joint criminal enterprise.' "Whether Abdullah Kammoun's mental health condition reduced his moral culpability or affected the weight to be given to general deterrence." "Whether Abdullah Kammoun's former status as a police officer and custodial conditions made custody more onerous and warranted special circumstances." "Whether Osman Kammoun's criminal history and commission of offences while subject to an intensive correction order and community correction orders aggravated sentence." "Whether Osman Kammoun's asserted deprived background, drug use, drug debt and mental health matters mitigated sentence." 'Application of totality, accumulation, aggregate sentencing and special circumstances.']

Ratio Decidendi

Both offenders were principals in a dial-a-dealer joint criminal enterprise supplying cannabis for financial gain through a run phone, safe house and runner, with significant numbers of transactions. The offences were serious and required imprisonment. Abdullah Kammoun received some leniency for no criminal history, good character, remorse, low risk of reoffending, family support and onerous custody, but his mental health did not materially reduce culpability and general deterrence carried greater weight because he was a police officer. Osman Kammoun's sentence was aggravated by his criminal history and commission of the offences while on conditional liberty; his remorse was accepted only...

Court Disposition

Both offenders were convicted and sentenced. Abdullah Kammoun received an aggregate sentence of imprisonment of 3 years and 4 months with a non-parole period of 2 years. Osman Kammoun received an aggregate sentence of imprisonment of 3 years and 8 months with a non-parole period of 2 years and 3 months, and a...

Orders

  • ['Abdullah Kammoun is convicted of each offence to which he pleaded guilty.' 'For Abdullah Kammoun, impose an aggregate sentence of 3 years and 4 months with an aggregate non-parole period of 2 years.' "Abdullah Kammoun's sentence commences on 25 August 2022 and expires on 24 December 2025." "Abdullah Kammoun's...