R v Ishak

In the case of The Queen v Ishak, the defendant, Fiona Ishak, was charged with the possession of a Class A drug, methamphetamine, for the purpose of supply. The court heard that the quantity of methamphetamine involved was 1.5 kilograms, with an estimated street value of $1.5 million. Ishak pleaded guilty to the charge. The primary legal issue for the court to decide was the appropriate sentence for Ishak, given her involvement in the drug supply operation and her otherwise good character and lack of previous convictions.

The court considered the severity of the offence, noting the significant quantity of methamphetamine involved and the predominant purposes of sentencing in cases of serious drug offending, which include holding the offender accountable for the harm done to the community, denouncing the offending, and deterring the offender and others from further offending. The court also examined Ishak's role in the drug supply operation, finding that while she was not a crucial player, her repeated telephone calls and physical presence on the day of the handover warranted a starting point at the lowest end of the sentencing band for such offences, which was 10 years' imprisonment. However, the court recognised Ishak's genuine remorse, her plea of guilty, and her exceptional personal circumstances, which included her long-term work as a carer for people with intellectual and/or mental health problems, her dedication to her family, and her lack of any personal involvement with drugs. Taking these factors into account, the court determined an appropriate sentence of four years' imprisonment, which represented a 60% reduction from the starting point.

The final orders of the court were that Fiona Ishak be sentenced to four years' imprisonment for the charge of possession of the Class A controlled drug methamphetamine for the purpose of supply.