R v Al-Hachache

Roger Emmanuel Al-Hachache was found guilty of six charges related to the possession and supply of controlled drugs by a jury. The charges were possession of ephedrine for supply, a representative charge of supplying ephedrine, and four charges of supplying methamphetamine. The court had to decide on the appropriate starting point for sentencing and any necessary uplifts or discounts to the sentence. The court also had to consider whether a minimum period of imprisonment was warranted.

The court considered the nature and scale of the offending, as well as the role of the defendant within the drug supply network. The court found that the defendant's offending fell within the second band of "substantial commercial dealing" and set a starting point of six years and six months' imprisonment for the ephedrine charges. The court then considered the methamphetamine charges and determined an uplift of 12 months was appropriate. The court also considered the defendant's personal factors, including his previous convictions for drug offences and his efforts towards rehabilitation. The court ultimately determined that a six-month uplift was appropriate to recognise the defendant's prior offending. The court found that no discount was warranted for personal mitigating factors.

The court determined that a minimum period of imprisonment was not warranted in this case, but warned the defendant that if he re-engaged in similar drug offending upon release, the court would take a stern view. The court sentenced the defendant to eight years' imprisonment for the possession of ephedrine for supply, one year for the representative charge of supplying ephedrine, and one year for each of the four charges of supplying methamphetamine. All sentences were to be served concurrently, resulting in a total sentence of eight years.

The court ordered that the defendant, Roger Emmanuel Al-Hachache, be imprisoned for a total of eight years.