R v Nassim Eid [2017] NSWDC 69

R v Nassim Eid [2017] NSWDC 69

The seriousness of the offence (supply of 54.7g cocaine at high purity with evidence of trafficking activity, committed for financial gain while on bail, using coded communications and a vehicle) requires a custodial sentence despite mitigating factors such as plea of guilty and demonstrated remorse. The offender's youth, prospects of rehabilitation, and first custodial episode justify finding special circumstances and a lower non-parole period.

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence imposed
Legal Topics
['drug Offences' 'sentencing' 'supply of Cocaine' 'objective Seriousness' 'plea of Guilty' 'mitigating and Aggravating Factors']
['criminal Law'] ['drug Offences' 'sentencing' 'supply of Cocaine' 'objective Seriousness' 'plea of Guilty' 'mitigating and Aggravating Factors']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supply of prohibited drug (cocaine) under Drug Misuse and Trafficking Act 1985 (NSW)' 'Assessment of objective and subjective seriousness in drug supply' 'Consideration of mitigating (remorse, guilty plea) and aggravating factors (conditional liberty, financial gain)' 'Determination of non-parole and additional terms given circumstances']

Ratio Decidendi

The seriousness of the offence (supply of 54.7g cocaine at high purity with evidence of trafficking activity, committed for financial gain while on bail, using coded communications and a vehicle) requires a custodial sentence despite mitigating factors such as plea of guilty and demonstrated remorse. The offender's youth, prospects of rehabilitation, and first custodial episode justify finding special circumstances and a lower non-parole period.

Court Disposition

conviction and custodial sentence imposed

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a term of imprisonment of 3 years and 4 months comprised of a non-parole period of 2 years 1 month and an additional term of 1 year and 1 month.' 'The offender will be eligible to be released to parole on 24 February 2018; and the additional term will...