R v Yousif (No 2) [2020] NSWDC 386

R v Yousif (No 2) [2020] NSWDC 386

The offender's conduct—limited involvement in low-level drug supply and intentional misuse of professional status in a criminal group as a solicitor—warrants a term of imprisonment, but is appropriately served by an intensive correction order in the community due to mitigating factors including extra curial punishment, lack of prior convictions, rehabilitative prospects, and the relative parity with co-offenders.

Jurisdiction
Australia
Judgment Date
25 June 2020
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate term of three years imprisonment to be served by way of intensive correction order
Legal Topics
['sentencing' 'joint Criminal Enterprise' 'criminal Group Participation' 'drug Supply' 'false Documents' 'extra Curial Punishment']
['criminal Law'] ['sentencing' 'joint Criminal Enterprise' 'criminal Group Participation' 'drug Supply' 'false Documents' 'extra Curial Punishment']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['participation in criminal group' 'use of false document to influence public duty' 'knowingly taking part in supply of prohibited drug' 'extra curial punishment' 'objective seriousness and parity']

Ratio Decidendi

The offender's conduct—limited involvement in low-level drug supply and intentional misuse of professional status in a criminal group as a solicitor—warrants a term of imprisonment, but is appropriately served by an intensive correction order in the community due to mitigating factors including extra curial punishment, lack of prior convictions, rehabilitative prospects, and the relative parity with co-offenders.

Court Disposition

Aggregate term of three years imprisonment to be served by way of intensive correction order

Orders

  • ['Aggregate term of three years imprisonment to be served by way of intensive correction order with conditions: not to commit any offence, supervision by Community Corrections, undergo programs/treatment, not to consume illicit drugs, perform 400 hours of community service, telephone Fairfield Community Corrections...