District Court
New South Wales
Medium Neutral Citation: R v Kassis [2015] NSWDC 178 Decision date: 02 April 2015 Jurisdiction: Criminal Before: Payne DCJ Decision: Total effective sentence of 7 years 10 months with a total effective non-parole period of 5 years, comprised of the following:
Count 2: Sentenced to a term of imprisonment of 3 years 9 months with a non-parole period of 2 years 3 months
Count 1 plus Form 1: Sentenced to a term of imprisonment of 7 years 8 months with a non-parole period of 4 years 10 monthsCatchwords: CRIMINAL LAW – sentence – knowingly take part in the manufacture of a prohibited drug Nexus greater than the commercial quantity – supply prohibited drug MDMA greater than commercial quantity; CRIMINAL LAW – sentence – fact finding Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW), ss 24, 25, 29, 33, 33ACases Cited: Aoun v R [2011] NSWCCA 284
Ayshow v R [2011] NSWCCA 240
Briouzguine v R [2014] NSWCCA 264
Diesing v R [2007] NSWCCA 326
Farkas v R [2014] NSWCCA 141
Hill v R [2012] NSWCCA 265
Hosseini v R [2009] NSWCCA 52; 193 A Crim R 444
Mokhaiber v R [2011] NSWCCA 10
R v AB [2011] NSWCCA 229
R v Achurch [2011] NSWCCA 186
R v Campbell [2014] NSWCCA 102
R v Chan [1999] NSWCCA 103
R v DW [2012] NSWCCA 66; 221 A Crim R 63
R v El-Azzi [2004] NSWCCA 455
R v Gao; R v Lim [2007] NSWCCA 343
R v Girard; R v Girard [2004] NSWCCA 170
R v Li [2014] NSWCCA 327
R v Way [2004] NSWCCA 131; 60 NSWLR 168
R v X [2004] NSWCCA 93
Simpson v R [2014] NSWCCA 23
Winter v R [2011] NSWCCA 59Category: Sentence Parties: Regina (Crown)
Mark Kassis (Offender)Representation: Counsel:
Solicitors:
A Martin (Offender)
Office of the Director of Public Prosecutions (Crown)
Nikola Velcic & Associates (Offender)
File Number(s): 2013/00121689
SENTENCE
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Mark Kassis pleaded guilty on 12 December 2014 to two offences in an indictment. Those offences are as follows:
One, between 5 March 2013 and 19 April 2013, at Putney in the State of New South Wales, did knowingly take part in the manufacture of an amount of a prohibited drug, namely, 7,008.63 grams of 4 Bromo-2,5-dimethoxyphenethylamine, which is not less than the commercial quantity applicable to that prohibited drug.
Two, on 19 April 2013, at Putney in the State of New South Wales, did supply an amount of a prohibited drug, namely, 426.5 grams of 3,4-Methylenedioxymethylamphetamine, being an amount which is not less than the commercial quantity applicable to that prohibited drug.
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The first offence is contrary to s 24(2) of the Drug Misuse and Trafficking Act 1985 (NSW). The amount being not less than the large commercial quantity for that drug, the maximum penalty prescribed for this offence is imprisonment for life and/or 5,000 penalty…
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- AGLC
- R v Kassis [2015] NSWDC 178
- Case
- [2015] NSWDC 178
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing for drug-related offences, focusing on the seriousness of the offence, the degree of the offender's culpability, and the need for deterrence and denunciation. The appellant argued that the trial judge had erred in finding that he was the principal in the manufacturing process and had supplied a quantity of drugs greater than the commercial amount. The court, however, found that the trial judge had correctly assessed the evidence and had not erred in his factual findings. The court upheld the trial judge's assessment of the appellant’s role and the quantity of drugs, thereby affirming the sentence imposed.
Consequently, the court concluded that the sentence imposed by the trial judge was appropriate, reflecting the seriousness of the offences and the need to protect the community. The appeal against sentence was dismissed, and the original sentence was upheld. The appellant was to serve a total effective sentence of 7 years and 10 months with a total effective non-parole period of 5 years, as determined by the trial judge.
Orders
Orders of the court
Total effective sentence of 7 years 10 months with a total effective non-parole period of 5 years, comprised of the following:
Count 2: Sentenced to a term of imprisonment of 3 years 9 months with a non-parole period of 2 years 3 months
Count 1 plus Form 1: Sentenced to a term of imprisonment of 7 years 8 months with a non-parole period of 4 years 10 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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