R v Harmouche

[2020] ACTSC 194

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Harmouche

Citation:

[2020] ACTSC 194

Hearing Dates:

25 May, 17 June, and 15 July 2020

DecisionDate:

15 July 2020

Before:

Murrell CJ

Decision:

Offender sentenced to 14 months’ imprisonment, suspended after five months on entering into a good behaviour order.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Trafficking in a controlled drug other than cannabis – Guilty plea – COVID-19 pandemic

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) s 12

Criminal Code 2002 (ACT) s 603(7)

Criminal Code Regulation 2005 (ACT) sch 1

Cases Cited:

Bui v The Queen [2015] ACTCA 5

R v McCallum [2020] ACTCA 15

Texts Cited:

Australian Criminal Intelligence Commission, Illicit Drug Data Report 2017–2018 (July 2019)

Parties:

The Queen (Crown)

Saad Harmouche (Offender)

Representation:

Counsel

P Dixon (Crown)

T Jackson (Offender)

Solicitors

ACT Director of Public Prosecution (Crown)

Aulich (Offender)

File Number:

SCC 67 of 2020

Murrell CJ

Introduction

1. The offender pleaded guilty to the offence that, on 9 December 2019, he trafficked in a controlled drug other than cannabis (cocaine), contrary to s 603(7) of the Criminal Code 2002 (ACT). The maximum penalty for the offence is 10 years’ imprisonment, a fine of $160,000, or both.

1. The trafficable quantity for cocaine is six grams: Criminal Code Regulation 2005 (ACT) sch 1. The commercial quantity is three kilograms and a maximum penalty of 25 years’ imprisonment applies for trafficking in the commercial quantity.

1. The plea was entered in the Magistrates Court following an initial plea of not guilty and the preparation of a brief of evidence by the prosecution.  At the time that the plea was entered, the offender agreed with the prosecution as to the facts upon which the plea was entered and this matter did not require subsequent exploration.

1. On 25 May 2020, during the first hearing of this matter, I made an order revoking bail.

Facts

1. On 9 December 2019, police executed search warrants at the offender's Chisholm residence. They contacted the offender, who returned home.  At the scene, the offender admitted that he was the sole occupant of the house, which was of obvious assistance to the prosecuting authorities.

1. During the search, police located two packages.  The first was a plastic freezer bag that contained five snap-lock bags.  The second was a fabric wrap.  These packages were in a cavity in the wall behind the oven.  Each of the two main packages contained a white powder; the combined weight of the contents was 389.23 grams.

1. The plastic freezer bag (with the five snap-lock bags) weighed 135.439 grams and contained cocaine of 35 per cent purity. The cocaine in that bag had been cut with two substances, benzocaine and levamisole, although the percentage of those substances within the total is unknown.

1. The fabric wrap contained 253.791 grams of cocaine with a purity of 42.4 per cent.  That cocaine had been cut with levamisole and there was no benzocaine in that package.

1. Police…