R v Hussein [2021] NSWDC 835

R v Hussein [2021] NSWDC 835

Sentencing for drug supply and related offences committed within three months of release on parole must reflect the seriousness of both the substantive offences and the aggravation of committing them while on parole. While subjective circumstances and reduced general deterrence are considered under Bugmy and Fernando, personal deterrence remains significant due to rapid re-offending. An aggregate sentence is imposed, backdated to midway through revoked parole, with forfeiture of cash and a Samsung phone as proceeds of crime.

Parties
Prosecution: Regina; Defendant: Hussein, Ahmed
Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Supply Prohibited Drug, Police Pursuit, Property Proceeds of Crime, Break and Enter, Parole Revocation, Aggregate Sentencing, Subjective Circumstances
Criminal Law Drug Offences Sentencing Supply Prohibited Drug Police Pursuit Property Proceeds of Crime Break and Enter Parole Revocation +2 more

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Parties

Regina

Prosecution

Hussein, Ahmed

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for drug supply and related offences committed while on parole?
  2. 2 How should subjective circumstances (background, trauma, mental health) affect sentencing?
  3. 3 How does offending while on parole aggravate culpability and sentencing?

Ratio Decidendi

Sentencing for drug supply and related offences committed within three months of release on parole must reflect the seriousness of both the substantive offences and the aggravation of committing them while on parole. While subjective circumstances and reduced general deterrence are considered under Bugmy and Fernando, personal deterrence remains significant due to rapid re-offending. An aggregate sentence is imposed, backdated to midway through revoked parole, with forfeiture of cash and a Samsung phone as proceeds of crime.

Court Disposition

convicted and sentenced

Orders

  • Aggregate sentence of 5 years and 6 months imprisonment with a non-parole period of 4 years (commencing on 12.6.2020, expiring 11.6.2024), balance of term 1 year and 6 months (expiring 11.12.2025)
  • Indicative sentences: SEQ 1 + FORM 1 (SEQ 18) - 3 years; SEQ 2 - 6 months; SEQ 8 - 18 months; SEQ 15 - 18 months; SEQ 23 - 9 months; SEQ 5 - 1 year; SEQ 13 - 1 year; SEQ 19 - 6 months; SEQ 22 - 6 months