R v AHMAD, Youssef; R v EL-KHAIR, Mohommed [2018] NSWDC 406

R v AHMAD, Youssef; R v EL-KHAIR, Mohommed [2018] NSWDC 406

Both Ahmad and El-Khair convicted on drug importation and dishonesty offences; Ahmad played a senior role, El-Khair was a highly trusted lieutenant. Sentencing reflects seriousness, large quantities of drugs, planning, offenders' roles, and expresses general and specific deterrence. Objective seriousness of offences and subjective factors considered; only imprisonment appropriate. Parole periods set to allow rehabilitation.

Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
['sentencing' 'dishonestly Obtain Financial Advantage' 'attempt to Possess Marketable Quantity of Unlawfully Imported Border Controlled Drug' 'intent to Defraud by False or Misleading Statement' 'possess Prohibited Drug']
['criminal Law'] ['sentencing' 'dishonestly Obtain Financial Advantage' 'attempt to Possess Marketable Quantity of Unlawfully Imported Border Controlled Drug' 'intent to Defraud by False or Misleading Statement' 'possess Prohibited Drug']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Determination of appropriate sentence for offences of drug importation and dishonesty' "Assessment of offenders' roles in criminal enterprise and circumstances for sentencing" 'Consideration of subjective factors for sentencing and rehabilitation prospects']

Ratio Decidendi

Both Ahmad and El-Khair convicted on drug importation and dishonesty offences; Ahmad played a senior role, El-Khair was a highly trusted lieutenant. Sentencing reflects seriousness, large quantities of drugs, planning, offenders' roles, and expresses general and specific deterrence. Objective seriousness of offences and subjective factors considered; only imprisonment appropriate. Parole periods set to allow rehabilitation.

Court Disposition

convicted and sentenced

Orders

  • ['AHMAD: Convicted. Sequence 12: Sentenced to a fixed term of imprisonment for 6 months commencing 9/6/16. Sequence 4 (+ Form 1 Matter - Sequence 11): Sentenced to a fixed term of imprisonment for 2 years commencing 9/9/16 and expiring 8/9/18. Sequence 5: Sentenced to imprisonment for 3 years commencing 9/6/17....