District Court
New South Wales
Medium Neutral Citation: R v Nehme; R v Suleski [2022] NSWDC 693 Hearing dates: 4 October 2022, 6 October 2022 Date of orders: 6 October 2022 Decision date: 06 October 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Nehme: Aggregate sentence of 5 years 6 months with a non-parole period of 3 years 3 months. See orders [85].
Suleski: Aggregate sentence of 5 years 6 months with a non-parole period of 3 years. See orders [88].
Catchwords: CRIME – Supply prohibited drug over large commercial quantity – rolled up drug quantities- Methylamphetamine and MDMA and Cocaine
CRIME – forfeiture orders
SENTENCING - Relevant factors on sentence – rolled up drug quantities - Forms 1 - totality - early guilty pleas - Nehme non-exculpatory duress – Suleski deprived background - parity - special circumstances- starting dates - structure of sentences – forfeiture orders
Legislation Cited: Cases Cited: Category: Sentence Parties: Salim Sam Nehme (the offender)
Simon Dimitrija Suleski (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr P Lange (for Nehme)
Mr T Skinner (for Suleski)
Mr M Rollestone (for Director of Public Prosecutions NSW)
Sydney Criminal Defence Lawyers (for Nehme)
Abbas Jacobs Lawyers (for Suleski)
Director of Public Prosecutions NSW
File Number(s): 2020/00356729 - R v Salim Sam Nehme
2020/00356731 - R v Simon Dimitrija Suleski
SENTENCE – EX TEMPORE REVISED
Introduction
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Two young men for sentence today; Simon Dimitrija Suleski, and Salim Sam Nehme. Both entered pleas of guilty to three counts of supplying a large commercial quantity of prohibited drugs: s 25(2), Drug Misuse and Trafficking Act 1985. The offences carry a maximum penalties of life imprisonment. Parliament has said for an offence that falls, taking into account only objective features, in the middle of the range, there is a standard non-parole period of 15 years.
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Nehme pleaded guilty to three s 25(2) offences involving the supply of a large quantity of a prohibited drug, 1108 grams of cocaine, 836 grams of methylamphetamine, and 1110 grams of MDMA.
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Suleski pleaded guilty to the same offences, involving the supply of 1203 grams of cocaine, supply of 881 grams of methylamphetamine, and 1110 grams of MDMA.
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The difference in drug quantities is accounted for by drugs found in possession of an offender on arrest.
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Content has to be given to any standard non-parole period fixed by Parliament. And the guidance of both maximum penalties and standard non-parole periods has to be accepted. But every offence is individual, and every person for sentence is sentenced as an individual. I must have regard to many purposes of sentencing, some of which are contradictory. I must have regard to the message sent by that maximum penalty, and the standard non-parole period. Each of the…
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- Case
- [2022] NSWDC 693
- Decision Date
CaseChat Overview and Summary
The court needed to determine the appropriate sentencing principles for each defendant, considering the large commercial quantities of drugs supplied, their respective roles in the crime, and any mitigating factors. The court had to balance the need for deterrence with the potential for rehabilitation, taking into account the totality of the circumstances, including the defendants' backgrounds, their respective contributions to the crime, and the impact of their early guilty pleas. Nehme's claim of non-exculpatory duress was also examined, while Suleski's deprived background was considered in the sentencing process.
The court concluded that the appropriate aggregate sentence for Nehme was five years and six months, with a non-parole period of three years and three months. For Suleski, the court determined an aggregate sentence of five years and six months, with a non-parole period of three years. The court made orders for forfeiture of the proceeds of the crime, reflecting the significant financial gains from the drug supply activities.
Orders
Orders of the court
Nehme: Aggregate sentence of 5 years 6 months with a non-parole period of 3 years 3 months. See orders [85].
Suleski: Aggregate sentence of 5 years 6 months with a non-parole period of 3 years. See orders [88].
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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