District Court
New South Wales
Medium Neutral Citation: R v Jawad Hadid [2016] NSWDC 376 Hearing dates: 21 October 2016 Date of orders: 21 October 2016 Decision date: 21 October 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted of each offence.
2 Pursuant to section 11 Crims (Sentencing Procedure) Act 1999 I adjourn the sentence proceedings part heard before me to 19 May 2017.Catchwords: CRIINAL LAW – offence - plea of guilty – drugs – supply prohibited drug – firearms – possess prohibited firearm – possess unauthorised pistol
SENTENCE – mitigating factors – aggravating factors – objective seriousness – specific deterrence – general deterrence – prospects of rehabilitation
SENTENCE PRINCIPLES – deferral of sentencing for rehabilitation - offender’s progress in current residential rehabilitation program – “Griffith’s Remand”Legislation Cited: Crimes Act 1900 s.93G(1)(a)(i)
Drugs (Misuse and Trafficking) Act 1985 s.25(1)
Firearms Act 1996 ss. 7, 66(b)
Crimes (Sentencing Procedure) Act 1999 ss.11, 21A(3)(g)Cases Cited: R v Farrell [2014] NSWCCA 30
R v ABS [2005] NSWCCA 255
R v Brown (2009) 193 A Crim R 573
R v Rayment (2010) 200 A Crim R 48
R v Robinson (NSWCCA, 15 September 1995, Unreported)
R v Leahy [2004] NSWCCA 148
R v Trindall (2002) 133 A Crim R 119
Cramp v R [2208] NSWCCA 40
R v Kristic [2005] NSWCCA 391
R v Tolley [2004] NSWCCA 165
DO v R [2010] NSWCCA 182
R v Amurao [2005] NSWCCA 32
R v Goktas [2004] NSWCCA 296
Butters v R [2010] NSWCCA 1
Yang v R [2007] NSWCCA 37
Muldrock v R (2011) 244 CLR 120
Palijan v R [2010] NSWCCA 142
R v Scognamiglio (1991) 56 A Crim R 81
R v Wright (1997) 93 A Crim R 48
R v Lawrence [2005] NSWCCA 91
R v Todorovic [2008] NSWCCA 49
R v Henry (1999) 46 NSWLR 346Category: Principal judgment Parties: Regina (Crown)
Jawad Hadid (Offender)Representation: Counsel:
Solicitors:
Mr G James AM QC (Offender)
C Hyland, Solicitor for Public Prosecutions (Crown)
Macquarie Lawyers (Offender)
File Number(s): 2015/00141472
Judgment
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Jawad Hadid (the offender) appears for sentence after pleading guilty in the District Court to one count of each of the following offences:
supply prohibited drug contrary to section 25(1) Drug Misuse and Trafficking Act 1985 (count 1);
possess loaded firearm in public place contrary to section 93G(1)(a)(i) Crimes Act 1900 (count 2);
possess firearm with defaced identification contrary to section 66(b) Firearms Act 1996 (Count 3); and
possess unauthorised pistol contrary to section 7 Firearms Act 1996 (Count 4).
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The maximum penalty for Count 1 is 15 years imprisonment and/or a fine of $220 000.
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The maximum penalty for Count 2 is 10 years imprisonment.
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The maximum penalty for Count 3 is 14 years imprisonment.
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The maximum penalty for Count 4 is 14 years imprisonment and parliament has specified a standard non-parole period of 3 years.
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During the course of the sentence hearing the offender raised the possibility of deferring the sentence proceedings pursuant to…
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- AGLC
- R v Jawad Hadid [2016] NSWDC 376
- Case
- [2016] NSWDC 376
- Decision Date
CaseChat Overview and Summary
The court assessed the mitigating and aggravating factors of the case. It noted the defendant's guilty plea, which was a significant mitigating factor, as well as his progress in a residential rehabilitation program. The court also considered the gravity of the offences, the need for specific deterrence to prevent the defendant from reoffending, and the broader societal need for general deterrence. The court acknowledged the defendant’s participation in a rehabilitation program, referred to as a "Griffith's Remand," which demonstrated his commitment to reform and potentially reduced his likelihood of reoffending.
Ultimately, the court found the defendant guilty of all charges and decided to adjourn the sentencing to allow further evaluation of the defendant's rehabilitation progress. The adjournment aimed to ensure that the sentencing reflected the defendant's current situation and potential for rehabilitation. This decision aligned with sentencing principles that prioritise rehabilitation and deterrence, while also ensuring that the community's safety and the law's integrity are upheld.
The orders included convicting the defendant on all charges and adjourning the sentencing to a later date to review the defendant's rehabilitation progress. This approach allows the court to make a more informed sentencing decision that balances the needs of justice with the defendant's potential for rehabilitation.
Orders
Orders of the court
1 The offender is convicted of each offence.
2 Pursuant to section 11 Crims (Sentencing Procedure) Act 1999 I adjourn the sentence proceedings part heard before me to 19 May 2017.
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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