R v Hijazi [2018] NSWDC 418

R v Hijazi [2018] NSWDC 418

The offender's multiple drug supply offences were objectively serious, involved financial gain and a hands-on role, and were aggravated by being committed while he was on bail for Commonwealth offences. Although he pleaded guilty early, expressed remorse, had difficult personal circumstances, reasonable prospects of rehabilitation, and the offending occurred over a relatively short period, totality required a sentence greater than the earlier Commonwealth-only sentence, so time served was not sufficient and an aggregate custodial sentence with a non-parole period was imposed.

Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Offender convicted of each offence; aggregate sentence of imprisonment imposed for the drug offences; convicted of driving while disqualified with no further penalty; licence disqualification and drug destruction order made.
Legal Topics
['supply Prohibited Drugs on an Ongoing Basis' 'supply Prohibited Drug Greater Than Commercial Quantity' 'offending While on Bail' 'driving While Disqualified' 'totality, Accumulation and Concurrency' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences' 'traffic Offences'] ['supply Prohibited Drugs on an Ongoing Basis' 'supply Prohibited Drug Greater Than Commercial Quantity' 'offending While on Bail' 'driving While Disqualified' 'totality, Accumulation and Concurrency' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for multiple drug supply offences and a driving while disqualified offence committed while the offender was on bail for Commonwealth offences.' 'How the principles of totality, accumulation and concurrency should apply where the State offences were not dealt with at the same time as the earlier Commonwealth sentence.' 'Whether special circumstances should be found and whether a sentence other than full-time imprisonment was appropriate.']

Ratio Decidendi

The offender's multiple drug supply offences were objectively serious, involved financial gain and a hands-on role, and were aggravated by being committed while he was on bail for Commonwealth offences. Although he pleaded guilty early, expressed remorse, had difficult personal circumstances, reasonable prospects of rehabilitation, and the offending occurred over a relatively short period, totality required a sentence greater than the earlier Commonwealth-only sentence, so time served was not sufficient and an aggregate custodial sentence with a non-parole period was imposed.

Court Disposition

Offender convicted of each offence; aggregate sentence of imprisonment imposed for the drug offences; convicted of driving while disqualified with no further penalty; licence disqualification and drug destruction order made.

Orders

  • ['The offender is convicted of each offence.' 'Aggregate sentence of imprisonment of 3 years 10 months, to commence on 9 April 2019 and expire on 8 February 2023.' 'Non-parole period of 1 year 10 months, expiring on 8 February 2021; the offender is eligible for release to parole on that date.' 'Indicative sentence...