R v Tommous Elchiekh

The appellant was charged with four counts of deemed supply of a commercial quantity of a controlled drug, under the *Drug Misuse and Trafficking Act 1985* (NSW). The matter came before the Court of Criminal Appeal, which was required to determine the appropriate sentence. The appellant was sentenced to a total of eight years' imprisonment, with a non-parole period of four years. The primary judge ordered that the sentences be served concurrently, with the terms of imprisonment to be aggregated for the purposes of parole consideration.

The appeal centred on the appropriate weight to be given to the principle of aggregation when sentencing for multiple counts of deemed supply. The appellant argued that the principle of aggregation should not be given significant weight, and that the sentences should not be aggregated for parole purposes. The Crown submitted that the principle of aggregation was of central importance and that the sentences should be aggregated.

The court held that the principle of aggregation was of central importance when sentencing for multiple counts of deemed supply. It found that the primary judge erred in failing to adequately consider the principle of aggregation. However, the court held that the sentence was nevertheless appropriate in all the circumstances. The appeal was dismissed.

The court did not make any orders altering the sentence handed down by the primary judge. The sentence of eight years' imprisonment, with a non-parole period of four years, was affirmed. However, the court ordered that the terms of imprisonment be aggregated for the purposes of parole consideration.