R v Deha Kelekci [2018] NSWDC 227

R v Deha Kelekci [2018] NSWDC 227

The offender's three drug supply offences constituted serious offending requiring full-time imprisonment. Count 2 was the most serious, involving 668 mls of GHB over numerous organised street-level transactions, while Counts 1 and 3 and the Form 1 offence also required punishment and some accumulation. Although general and specific deterrence were important, the offender's role as a user/dealer, addiction, remorse, abstinence in custody, rehabilitation prospects, guilty plea, and need for supervised relapse prevention justified an aggregate sentence applying totality and special circumstances, with a non-parole period varied from the statutory ratio.

Jurisdiction
Australia
Judgment Date
23 August 2018
Procedural Posture
Criminal Sentence / Remarks on Sentence After Guilty Pleas to Three Counts of Supply Prohibited Drugs and a Form 1 Offence Taken Into Account
Outcome
Full-time custodial sentence imposed; offender convicted and sentenced to an aggregate term of 3 years and 9 months imprisonment with a non-parole period of 2 years and 6 months.
Legal Topics
['supply Prohibited Drugs' 'aggregate Sentence' 'form 1 Offences' 'general and Specific Deterrence' 'totality' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drugs' 'aggregate Sentence' 'form 1 Offences' 'general and Specific Deterrence' 'totality' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Guilty Pleas to Three Counts of Supply Prohibited Drugs and a Form 1 Offence Taken Into Account

Legal Issues

  1. 1 ['What sentence should be imposed for three counts of supplying prohibited drugs contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985.' 'Whether the offence on the Form 1 should be taken into account and require some accumulation in sentence.' 'Whether an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 was appropriate.' 'How the principle of totality should apply, including having regard to the sentence imposed by N Adams J in R V Kelekci [2018] NSWSC 1209.' 'Whether special circumstances existed under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 to vary the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

The offender's three drug supply offences constituted serious offending requiring full-time imprisonment. Count 2 was the most serious, involving 668 mls of GHB over numerous organised street-level transactions, while Counts 1 and 3 and the Form 1 offence also required punishment and some accumulation. Although general and specific deterrence were important, the offender's role as a user/dealer, addiction, remorse, abstinence in custody, rehabilitation prospects, guilty plea, and need for supervised relapse prevention justified an aggregate sentence applying totality and special circumstances, with a non-parole period varied from the statutory ratio.

Court Disposition

Full-time custodial sentence imposed; offender convicted and sentenced to an aggregate term of 3 years and 9 months imprisonment with a non-parole period of 2 years and 6 months.

Orders

  • ['The offender is convicted of Count 1, supply prohibited drug (4.18 grams of methylamphetamine) pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985.' 'The offender is convicted of Count 2, supply prohibited drug (668 mls GHB) pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985.' 'The...