R v Fahmy

Case [2015] NSWDC 382


District Court


New South Wales

Medium Neutral Citation: R v FAHMY [2015] NSWDC 382
Hearing dates:27/11/2015
Decision date: 18 December 2015
Jurisdiction:Criminal
Before: Judge S Norrish QC
Decision:

Sentenced to a term of imprisonment of 1 year and 6 months with a non-parole period of 6 months.  

Catchwords: CRIMINAL – Sentence, ongoing supply of a prohibited drug, methylamphetamine, offence committed on conditional liberty.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drugs, Misuse and Trafficking Act 1995
Cases Cited: R v BP [2010] NSWCCA
R v Bloomfield (1998) 44 NSWLR 734
R v Cacciola (1998) 104 A Crim R 178
EF v R [2015] NSWCCA 36
Fayd’herbe v R [2007] NSWCCA 20
R v Hearne [2001] NSW CCA 37
R v Kairouz [2005] NSWCCA 247
RCW v R (No 2) ([2014] NSWCCA 190
Ragendra v R [2014] NSWCCA 113
R v Smiroldo [2000] NSWCCA 120
Category:Sentence
Parties: Director of Public Prosecutions - Crown
Amin Fahmy - Offender
Representation:

Counsel:
Mr C Patrick - Crown

  Solicitors:
Director of Public Prosecutions - Crown
A Turner Lawyer - Offender
File Number(s):2013/378635

SENTENCE

  1. HIS HONOUR: I propose to sentence you to 18 months imprisonment. That sentence will date on my calculation from 8 August 2015 and in relation to that sentence I propose to fix a non parole period of 6 months which will date from 8 August 2015 and expire on 7 February 2016.

  2. Amin Fahmy appears today for sentence in relation to an offence of ongoing supply of a prohibited drug to whit methylamphetamine, a crime committed by him between 22 May 2013 and 30 May 2013 at Bankstown for financial reward. This is a charge brought contrary to s 21A(1) Drugs, Misuse and Trafficking Act 1995 and carries a maximum penalty of 20 years imprisonment. There is no standard non parole period. There is provision for a fine of up to 3,500 penalty units.

  3. The prisoner was convicted of that charge after trial. The Crown had charged him with the principal charge, as I will call it, and alternative counts of supplying the individual supplies that constitute the three supplies that give rise to the charge under s 25A. The jury’s verdict of guilty on the principal account thus required no consideration of the alternative counts.

  4. The three supplies, the subject of the indictment, occurred on 23, 27 and 29 May at Bankstown. The individual supplies relate to very small quantities almost, but not quite, the smallest quantities that could be individually supplied, in my experience. The quantities in question, taking the information from the analyst’s certificate, were 0.16 grams, 0.14 grams and 0.12 grams. In drug parlance a point is point one of a gram, and although there Is a degree of inexactitude in supplying prohibited drugs, and no doubt a deal of “cheating” by suppliers in the provision of drugs to their customers, generally speaking one would find in most instances the minimum quantity that would be provided of a particular prohibited drug such as…

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AGLC
R v Fahmy [2015] NSWDC 382
Case
[2015] NSWDC 382
Decision Date

CaseChat Overview and Summary

The defendant, Fahmy, was brought before the court for sentencing following his conviction for the ongoing supply of methylamphetamine. The offence was committed while Fahmy was on conditional liberty, having been released from a previous sentence. The case was heard in the relevant criminal court, which exercised its jurisdiction over the matter in accordance with the applicable statutory provisions.

The court was tasked with determining the appropriate sentence for Fahmy, considering the nature and circumstances of the offence, as well as his criminal history and the principles of sentencing. Specifically, the court had to assess the seriousness of the offence, the impact on the community, and the need for deterrence and rehabilitation, all while taking into account Fahmy's conduct while on conditional liberty.

In delivering its judgment, the court emphasised the gravity of Fahmy's actions, noting the harmful effects of methylamphetamine on individuals and society. The court also considered the fact that the offence was committed while Fahmy was on conditional liberty, which undermined the purpose of such release. After weighing these factors and considering the relevant sentencing principles, the court sentenced Fahmy to a term of imprisonment of one year and six months, with a non-parole period of six months.

The court's orders were that Fahmy be remanded into custody to serve the sentence imposed, reflecting the need to protect the community and deter similar conduct in the future. The judgment provided a clear rationale for the sentence, demonstrating the court's careful consideration of the legal principles and factual circumstances of the case.

Orders

Orders of the court

Sentenced to a term of imprisonment of 1 year and 6 months with a non-parole period of 6 months.

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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