R v Achmar

Case [2018] NSWDC 461


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Achmar [2018] NSWDC 461
Hearing dates: 30 November 2018
Date of orders: 30 November 2018
Decision date: 30 November 2018
Jurisdiction:Criminal
Before: M L Williams SC DCJ
Decision:

An aggregate term of imprisonment of 3 years, 8 months with a 2 year non-parole period: at [53].

Catchwords: SENTENCING – multiple offences – supply commercial quantity of prohibited drug – possess unregistered firearm – Form 1 matter – participate in criminal group – guilty plea – general deterrence – expression of remorse – low likelihood of reoffending
Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW)
Firearms Act 1996 (NSW)
Crimes Act 1990 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: AB v R [2013] NSWCCA 273
B v R [2015] NSWCCA 314
Blair v R [2005] NSWCCA 78
Do v R [2008] NSWCCA 34
Elhassan v R [2018] NSWCCA 118
Giang v R [2017] NSWCCA 25
Greentree v R [2018] NSWCCA 277
Mulato v R [2006] NSWCCA 282
Parente v R [2017] NSWCCA 284
Parris v The Queen [2013] NSWCCA 5
R v Chan [1999] NSWCCA 103
R v Dang [2005] NSWCCA 430
R v DW (2012) 221 A Crim R 63
R v Krstic [2005] NSWCCA 391
R v Mendez [2005] NSWCCA 246
R v Petrovski; R v Abdallah; R v Atanovski [2012] NSWDC 168
R v Pucariello [2012] NSWDC 70
R v Rustom; R v Vernon [2017] NSWDC 245
R v Shi [2004] NSWCCA 135
R v Taouk (1992) 65 A Crim R 387
Sponberg v R [2017] NSWCCA 120
Williams v R [2014] NSWCCA 57
Texts Cited: None
Category:Sentence
Parties:

Regina (Crown)

  Charbil Achmar (Offender)
Representation:

Mr H Bates (Crown)

  Mr A Bellanto QC (Counsel for the accused)
File Number(s): 2017/74389

Judgment

  1. The distribution of illicit drugs causes considerable harm, not just to those who purchase and take the drugs but to the community in general. The trade in illicit drugs is one of the principal sources for crime in the community. It is not just the sale of drugs. The crimes that are committed by those who seek to obtain funds for drugs and drug use leading to destruction of family and personal life are significant problems.

  2. The seriousness of the offence of supply a commercial quantity of a prohibited drug under s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW), is illustrated by the fact that the Parliament has chosen to fix a maximum penalty of 20 years imprisonment and a standard non-parole period of ten years both of which are important guideposts or yardsticks in the sentencing process.

  3. Charbil Achmar, who was born in October 1978, has pleaded guilty to one count of supply a commercial quantity being 355 grams of cocaine in the period between 9 November 2017 and 11 January 2018. He also pleaded guilty to one count of possess an unregistered firearm being a .177 calibre air pistol under s 36 of the Firearms…

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Details
AGLC
R v Achmar [2018] NSWDC 461
Case
[2018] NSWDC 461
Decision Date

CaseChat Overview and Summary

The case of R v Achmar was heard in a court of criminal jurisdiction in Australia. The defendant, Achmar, was charged with multiple offences including the supply of a commercial quantity of a prohibited drug, possession of an unregistered firearm, participation in a criminal group, and related charges. Achmar entered a guilty plea to all charges. The central issue for the court was to determine an appropriate sentence that balanced the need for general deterrence with the circumstances of the case, including the defendant's expression of remorse and the low likelihood of reoffending.

The court was required to consider the seriousness of the offences, the role of the defendant within the criminal group, and the circumstances surrounding the possession of the unregistered firearm. The court also had to weigh the defendant's early guilty plea, the absence of any previous criminal record, and the personal circumstances that might mitigate the sentence. The court further considered the impact of the offences on the community and the importance of sending a strong message to deter similar criminal activities in the future.

In delivering its judgment, the court emphasised the gravity of the defendant's actions, particularly the supply of a commercial quantity of a prohibited drug and the possession of an unregistered firearm. The court noted the defendant's early guilty plea and the lack of any previous criminal history as mitigating factors. However, the court also considered the need for general deterrence and the defendant's participation in a criminal group. Ultimately, the court determined that an aggregate term of imprisonment of 3 years and 8 months, with a non-parole period of 2 years, was appropriate. This sentence reflected the seriousness of the offences while also taking into account the mitigating factors presented.

Orders

Orders of the court

An aggregate term of imprisonment of 3 years, 8 months with a 2 year non-parole period: at [53].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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