R v Khazma [2018] NSWDC 58

R v Khazma [2018] NSWDC 58

Given the seriousness of the offending, but taking into account the offender's youth, prospects of rehabilitation, employment since the offence, absence of prior convictions, early plea of guilty, the restrictions imposed by bail conditions, and some reduction in culpability due to mental health issues, imprisonment is required but may be served by Intensive Corrections Order subject to assessment.

Parties
Prosecution: The Crown; Offender: Adam Khazma
Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Criminal / Sentence; Matter Adjourned for Intensive Corrections Order Assessment
Outcome
Offender referred for assessment as to suitability for Intensive Corrections Order; bail continued unconditionally; matter adjourned.
Legal Topics
Supply Prohibited Drugs, Dealing With Proceeds of Crime, Sentencing, Intensive Corrections Order, Mitigation for Youth and Mental Health
Criminal Law Supply Prohibited Drugs Dealing With Proceeds of Crime Sentencing Intensive Corrections Order Mitigation for Youth and Mental Health

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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Crown

Prosecution

Adam Khazma

Offender

Procedural Posture

Criminal / Sentence; Matter Adjourned for Intensive Corrections Order Assessment

Legal Issues

  1. 1 What is the appropriate sentence for the offender for supply of prohibited drugs and dealing with property suspected to be proceeds of crime?
  2. 2 To what extent do the offender's youth, mental health, and prospects of rehabilitation mitigate the sentence?

Ratio Decidendi

Given the seriousness of the offending, but taking into account the offender's youth, prospects of rehabilitation, employment since the offence, absence of prior convictions, early plea of guilty, the restrictions imposed by bail conditions, and some reduction in culpability due to mental health issues, imprisonment is required but may be served by Intensive Corrections Order subject to assessment.

Court Disposition

Offender referred for assessment as to suitability for Intensive Corrections Order; bail continued unconditionally; matter adjourned.

Orders

  • Offender to be assessed for suitability to serve sentence by Intensive Corrections Order.
  • Bail continued unconditionally.