R v Zreika [2019] NSWDC 347

R v Zreika [2019] NSWDC 347

The sentencing was determined on the basis of the objective seriousness of street-level drug supply to support addiction, breach of conditional liberty, and the offender's personal circumstances including significant health issues and dysfunctional upbringing. Special circumstances were found, justifying a departure from the statutory ratio between the non-parole period and head sentence, leading to an aggregate sentence with an adjusted non-parole period.

Parties
Prosecution: The Crown; Offender: Shaylin Zreika
Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Criminal / Sentencing
Outcome
offender sentenced; backup matters withdrawn and dismissed; ancillary orders made
Legal Topics
Supply Prohibited Drug, Drive While Disqualified, Possess Prohibited Drug, Deal With Proceeds of Crime, Sentencing, Special Circumstances
Criminal Law Supply Prohibited Drug Drive While Disqualified Possess Prohibited Drug Deal With Proceeds of Crime Sentencing Special Circumstances

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Parties

The Crown

Prosecution

Shaylin Zreika

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 sentencing for supply of prohibited drug (cocaine) in indictable quantity
  2. 2 sentencing for dealing with proceeds of crime
  3. 3 sentencing for drive while disqualified

Ratio Decidendi

The sentencing was determined on the basis of the objective seriousness of street-level drug supply to support addiction, breach of conditional liberty, and the offender's personal circumstances including significant health issues and dysfunctional upbringing. Special circumstances were found, justifying a departure from the statutory ratio between the non-parole period and head sentence, leading to an aggregate sentence with an adjusted non-parole period.

Court Disposition

offender sentenced; backup matters withdrawn and dismissed; ancillary orders made

Orders

  • Aggregate sentence of imprisonment for 3 years from 1 December 2017 to 30 November 2020 with a non-parole period of 18 months
  • Automatic disqualification from driving for 12 months upon release from custody