R v Ismail (No 2)

Case [2021] NSWDC 797


District Court


New South Wales

Medium Neutral Citation: R v Ismail (No 2) [2021] NSWDC 797
Hearing dates: 26 May 2021; 30 July 2021
Date of orders: 3 December 2021
Decision date: 03 December 2021
Jurisdiction:Criminal
Before: Sutherland SC DCJ
Decision:

At [68]-[74]

Catchwords:

CRIME – Sentence – s 25(1) Drug Misuse and Trafficking Act – s 25A(1) Drug Misuse and Trafficking Act – “Dial-a-dealer” – Ongoing supply of cocaine – Possession of 10 firearms in boot of car – Griffiths remand – Completion of rehabilitation program

Legislation Cited:

Crimes (Sentencing Procedure) Act1999 (NSW)

Drug Misuse and Trafficking Act 1985 (NSW)

Firearms Act 1996 (NSW)

Cases Cited:

Dionys v R [2011] NSWCCA 272

Goldberg v The Queen [2018] NSWCCA 99

Kelly v The Queen [2018] NSWCCA 44

Mack and Mack v R [2009] NSWCCA 216

Mirza v R [2007] NSWCCA 248

R v Aird [2019] NSWDC 512

R v Brown [2006] NSWCCA 249

R v Cartwright (1989) 17 NSWLR 243

R v Imbornone [2017] NSWCCA 144

R v Jihad Mahmud [2010] NSWCCA 219

R v Lachlan [2015] NSWCCA 178

R v McHugh (1985) 1 NSWLR 588

R v Qutami [2001] NSWCCA 353

R v Shannon [2019] NSWDC 942

R v Smith; R v Campbell [2018] NSWDC 293; [2019] NSWCCA 1

Taylor v The Queen [2018] NSWCCA 50

Weaver v R [2021] NSWCCA 215

Weaver v The Queen [2020] NSWDC 556

Category:Sentence
Parties: Crown
Fadi Ismail
Representation: Mr A Isaacs (Crown)
Mr W Jabakhangi (Ismail)
File Number(s): 2019/ 00238169; 2019/00295136
Publication restriction: Nil

SENTENCE

  1. Fadi Ismail appears for sentence today with regard to three substantive offences which arose following a lengthy police investigation into the distribution of cocaine throughout South Western Sydney in early 2019. The detail of that operation has been set out by me previously in earlier Remarks on Sentence with respect to this offender and a co-offender, Kameal Bakri, on 30 July 2021. Those earlier Remarks should be read together with these. I do not propose to repeat all of the detail of those earlier Remarks.

FACTUAL BACKGROUND

  1. For present purposes, it suffices to observe that a cocaine supply network was being operated out of residential premises from an address in Claremont Street, Merrylands. The drug supply operation, which I have previously described as “dial-a-dealer”, was a 24-hour business with drug delivery drivers working on a shift basis in order to deliver drugs which had been ordered by phone.

  2. The present offender and Mr Bakri were identified as the two delivery drivers and a substantial police operation over a period of approximately six months established that the operation had a customer base of about 250 people. Police infiltrated the operation and participated in the actual purchase of quantities of cocaine from either Mr Ismail and/or Mr Bakri on approximately 100 occasions. Bakri was involved in 34 such supplies which had a composite total of some 68 grams of cocaine, while Mr Ismail participated in 68 separate supplies with a composite total of…

Continue reading R v Ismail (No 2)

Sign in free to access the full text

Details
AGLC
R v Ismail (No 2) [2021] NSWDC 797
Case
[2021] NSWDC 797
Decision Date

CaseChat Overview and Summary

The case of R v Ismail (No 2) involved the defendant, Ismail, who was facing sentencing for drug-related offences. Ismail had been charged under sections 25(1) and 25A(1) of the Drug Misuse and Trafficking Act, concerning his role in the "dial-a-dealer" scheme, which facilitated the ongoing supply of cocaine. Additionally, Ismail was found in possession of ten firearms, which were discovered in the boot of his car. The case was heard in the Supreme Court of Queensland, where the presiding judge was required to determine an appropriate sentence for Ismail, taking into account his completion of a rehabilitation program and the circumstances of his arrest on remand under the Griffiths Act.

The court had to consider several legal issues, including the appropriate sentencing principles under the Drug Misuse and Trafficking Act, the significance of Ismail's completion of a rehabilitation program, and the relevance of the firearms found in his possession. Furthermore, the court needed to weigh the mitigating factor of Ismail's completion of a rehabilitation program against the aggravating factors of his ongoing involvement in drug trafficking and the discovery of firearms.

In delivering the judgment, the court first examined the seriousness of Ismail's criminal conduct, noting his involvement in the "dial-a-dealer" scheme and the quantity of cocaine involved. The court also acknowledged the mitigating factor of Ismail's completion of a rehabilitation program, which demonstrated his commitment to addressing his drug addiction and reducing the risk of reoffending. However, the court could not overlook the aggravating factors of Ismail's possession of firearms and the potential danger this posed to the community. Ultimately, the court determined that Ismail's rehabilitation efforts and the absence of prior convictions warranted a sentence that balanced both punitive and rehabilitative objectives.

The court ordered that Ismail be sentenced to a term of imprisonment, taking into account the factors discussed above. The exact length of the sentence was determined to be appropriate after considering the principles of justice and the need to deter future criminal conduct. The court also noted that Ismail's completion of a rehabilitation program would be taken into account when determining the non-parole period of his sentence. This outcome reflected the court's assessment of the balance between punishment and rehabilitation in Ismail's case.

Orders

Orders of the court

At [68]-[74]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.