Regina v Omar Kaddour [2007] NSWDC 335

Regina v Omar Kaddour [2007] NSWDC 335

Although the offender had to be sentenced on the basis that he possessed the drugs for supply, the judge was not satisfied beyond reasonable doubt that the intended supply was for commercial purposes and considered the offender to be on the border of substantial involvement in supply rather than over it. His youth, absence of prior criminal history, actual remorse, strong family support, employment, very good prospects of rehabilitation, and the risk that full-time custody would derail demonstrated rehabilitation made the case an exception to the usual requirement of full-time custody for substantial drug supply. A custodial sentence by way of periodic detention, with special...

Jurisdiction
Australia
Judgment Date
31 May 2007
Procedural Posture
Criminal Sentencing for Deemed Supply of Prohibited Drugs / Sentence After Jury Guilty Verdict
Outcome
Convicted offender sentenced to three years imprisonment with a non-parole period of eighteen months, to be served by way of periodic detention.
Legal Topics
['deemed Supply of Prohibited Drugs' 'periodic Detention' 'non Parole Period' 'special Circumstances' 'remorse' 'rehabilitation' 'hardship to Third Parties' 'commercial Supply']
['criminal Law' 'sentencing' 'drug Offences'] ['deemed Supply of Prohibited Drugs' 'periodic Detention' 'non Parole Period' 'special Circumstances' 'remorse' 'rehabilitation' 'hardship to Third Parties' 'commercial Supply']

Case Brief

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Procedural Posture

Criminal Sentencing for Deemed Supply of Prohibited Drugs / Sentence After Jury Guilty Verdict

Legal Issues

  1. 1 ['Whether the offences of deemed supply should be treated as involving intended supply for commercial purposes.' 'Whether the offender was substantially involved in the supply of prohibited drugs so as to require full-time custody unless truly exceptional circumstances existed.' "Whether the offender's remorse, youth, first time in custody and prospects of rehabilitation justified a sentence other than full-time imprisonment." "Whether hardship to the offender's family should affect sentence." 'Whether special circumstances warranted altering the usual ratio between the non-parole period and the balance of the term.' 'Whether the sentence should be served by way of periodic detention.']

Ratio Decidendi

Although the offender had to be sentenced on the basis that he possessed the drugs for supply, the judge was not satisfied beyond reasonable doubt that the intended supply was for commercial purposes and considered the offender to be on the border of substantial involvement in supply rather than over it. His youth, absence of prior criminal history, actual remorse, strong family support, employment, very good prospects of rehabilitation, and the risk that full-time custody would derail demonstrated rehabilitation made the case an exception to the usual requirement of full-time custody for substantial drug supply. A custodial sentence by way of periodic detention, with special...

Court Disposition

Convicted offender sentenced to three years imprisonment with a non-parole period of eighteen months, to be served by way of periodic detention.

Orders

  • ['Omar Kaddour was sentenced to imprisonment for three years.' 'A non-parole period of eighteen months was set, with a balance of term of eighteen months.' 'The sentence was ordered to commence on 9 June 2007 and expire on 8 June 2010.' 'The non-parole period was ordered to commence on 9 June 2007 and expire on 8...